채무부존재확인
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Facts of recognition
The Plaintiffs purchased “SECUREWS” (hereinafter “instant products”) as a network security product from the Ulsan Information Technology Co., Ltd. (hereinafter “SURE”).
The Defendants asserted that they bear the same obligation as that stated in the separate sheet of debt, and filed a claim against the Plaintiffs for the performance thereof.
[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 124 (including each number), and the purport of the entire pleading is that the products of this case purchased from the network security technology of the plaintiffs alleged by the parties concerned are composed of both hardware and software, and the network security technology of this case, which is the manufacturer, has the duty to maintain the security function of the relevant products properly as long as the plaintiffs, who are buyers, use the products of this case.
However, the sound information technology concluded a technical assistance contract with an external company called as a channel company for the maintenance and repair of the product of this case and had a channel company take charge of maintenance and repair services by concluding a contract with a customer company like the plaintiffs. There is no ground to view that a contract for the payment of user fees for software between the sound information technology and the plaintiffs was concluded.
In addition, among trade trade trade clocks referred to in the information technology, clocks are actually made by the purchase method of new hardware for which clocks are to be installed by the plaintiffs who are customers, thereby purchasing the software license for clocks. Therefore, the plaintiffs are not obliged to pay the user fee for the software even in the case of clocks.
When the plaintiffs alleged by the defendants purchase the product of this case from the initial language information technology, the software use contract is concluded in combination with the hardware purchase contract.