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(영문) 서울고등법원 2016.02.04 2015나22245

컴퓨터프로그램저작권확인

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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2.The preliminary claim for the principal action added by this Court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) the pertinent part of the judgment of the court of first instance, which was cited by the plaintiff, shall be cited as follows 2; and (b) the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except where the judgment of the following 3 is added to the conjunctive claim concerning the main claim added by this court

2. Parts to be dried;

(a) 4 1, 2 1, and 2 : (a) there is no dispute over the modification [based on recognition] as follows; (c) evidence Nos. 3; and (d) evidence Nos. 6-1, 2, and 6 3 [a side contract (the same as evidence No. 19)]

() The plaintiff asserted that the above document was forged by N and the defendant, but according to Gap evidence Nos. 17 and Eul evidence Nos. 17, and Eul evidence, the plaintiff stated that the plaintiff affixed a seal to the above document that the plaintiff's O, who was the plaintiff's son, prepared the draft in the investigation procedure of the case of a criminal charge of fraud against the defendant. After that, according to the above document, the plaintiff paid a total of KRW 50 million to the defendant as a cost for the production of a new program, and it can be recognized that the defendant received a certificate of program registration for the newly developed program that the defendant had completed the registration under the name of the plaintiff. Thus, the authenticity of the above document is recognized, and contrary to the above evidence No. 6-4, 5, Gap evidence No. 8, Gap evidence No. 9-1, 2, 10 through 13, Gap evidence No. 14-1, 6, Gap evidence No. 15, 16, 17-1, 4-2 evidence No.

B. For the following reasons, the Plaintiff and G entered into a single contract with the Defendant on May 24, 2010 with respect to the following modifications and subsequent modifications: (a) the Defendant’s name “I” is below the computer program, and “I” under the side agreement entered into between the Defendant and the Plaintiff on May 24, 2010.