beta
(영문) 서울남부지방법원 2016.01.26 2014가합108752

대금 등 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of manufacturing and selling medical information software, and the Defendant is a company engaging in the business of providing and selling computer system services.

B. The representative director B of the Plaintiff’s copyright registration of the instant computer program developed D, E, and F (hereinafter “instant computer program”) a computer program related to the C network service business, and the Plaintiff completed the copyright registration of the instant computer program with the Korea Copyright Commission.

C. H’s establishment and contract 1 between the Plaintiff, the Defendant, and Emertex) Plaintiff on May 15, 2008, the purpose of which is to develop, manufacture, etc. software (hereinafter “H”) is H (hereinafter “H”).

2) On May 21, 2008, the Plaintiff and the Defendant concluded a contract with the Defendant to make an investment of KRW 13.3 billion per share of KRW 5,300,000 per share of the capital of the newly incorporated company, with the main contents that the Defendant and the Defendant, as the principal manager of the I Project (hereinafter “instant project”), establish H, a newly incorporated company, which is to conduct the instant project by attracting investments from the Defendant, Inc. and other investors. The Plaintiff invested KRW 5,000 per share of KRW 70 billion.

3) According to the above contract, on May 21, 2008, the Plaintiff entered into an agreement with the Defendant on September 12, 2008 on the acquisition of shares of KRW 13.3 billion with the total acquisition price of KRW 35,00,00 per share, which is 3.3 billion, which is 380,000,000 per share issued by the Defendant and the e-mail. 4) The Plaintiff, the Defendant, the H, and the e-mail agreed on the construction, maintenance, repair, and operation of the IT system on July 2, 2008, and its main contents are as follows.

1. H is a contract with the Defendant for the establishment, maintenance, repair and operation of an IT system as provided in the “J” of the share acquisition contract concluded between H, the Plaintiff and the Defendant.