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(영문) 서울남부지방법원 2015.05.14 2014가합105050

저작자 및 저작권자 확인 등

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1. The Plaintiff is the author and copyright holder of the program indicated in the attached Form.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Basic Facts

In around 2005, the Plaintiff (name C prior to the name of the name of the Plaintiff) developed a program listed in the separate sheet (a program that enables external institutions to conduct virtual experiments when developing a financial system linked to external institutions in D, D, banks, credit card companies, etc.; hereinafter “instant program”).

In around 2006, the Plaintiff asked E (former Defendant Representative) and F (former Defendant Business Representative) to operate the instant program. In selling the program, the Plaintiff would distribute profits for each other when selling the program, and the Plaintiff would be responsible for the follow-up technical assistance, development of a solution, etc.

On July 3, 2007, when the defendant company was established as the main axis of E and F, the plaintiff maintained a continuous collaboration relationship with the defendant company.

The Defendant concluded a supply contract related to the instant program and supplied the service as follows.

On June 16, 2008, Non-party corporation entered into a contract for the supply of a solution with regard to the replacement of the joint financial network system with the financial settlement center.

On December 10, 2009, the contract amount of KRW 87,500,000,000,000,000,000,000; hereinafter the same shall apply) entered into a contract with the above company for Syscheck software services (the program test support, etc. utilizing D).

On August 12, 2010, a contract for the supply of software related to the work of replacing the credit and job payment system was entered into with the non-party Ahyp Company and the Financial Settlement Board.

[SH33W3W3, Symmcker 53.0 related contract amount of KRW 20 million, G (which seems to be the instant program)

) On November 5, 2010, the relevant contract amount of KRW 70 million was concluded with Nonparty New Card and H (to be seen as the instant program) supply contract.

(Amount of 80,180,000 won). The defendant shall be D.

On June 11, 2009, before entering into the contract of paragraph 2, the Korea Copyright Commission registered as the author of the instant program.

The defendant delivered the instant program from September 12, 2008 to January 24, 201.