1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Basic Facts

On May 23, 2008, the Plaintiff, a corporation operating the manufacturing of computers and peripheral devices, software development, etc., concluded a MOD development and supply contract (hereinafter “instant development and supply contract”) with the Defendant (the trade name at the time was changed to the trade name as of November 28, 2012, while the trade name at the time was changed to the name as of November 28, 201) to the Defendant. The Plaintiff concluded a contract with the Defendant for the development and supply of mobile Internet DNA (hereinafter “MID”) with which the Defendant would pay the Plaintiff remuneration therefor.

On February 17, 2009, the Plaintiff drafted a written agreement with C as follows (hereinafter “instant agreement”). The indication of the Defendant’s part of the agreement is printed with the phrase “business name: the Defendant, address: the 13th floor of the Seoul Yongsan-gu D building, and Executive Director: C” and the above phrase “C” is signed by C on the side of the word “C”.

The plaintiff and the defendant shall enter into an agreement as follows:

The plaintiff shall provide and keep development data related to MID development conducted under the contract between the two companies at present, along with the main document.

This data shall be made available to the defendant by mutual agreement between the two parties when it is deemed impossible to develop and promote production due to the plaintiff's financial aggravation, and when there is a defendant's additional data, the plaintiff shall provide the additional data in cooperation to the maximum extent possible.

The defendant shall not arbitrarily open and use this material without agreement corresponding to the above content, and the use of this material shall be permitted only under the terms and conditions set forth above, and shall pay to the plaintiff the expenses equivalent to the total expenses incurred in relation to this development.

The above contents are matters to be observed between the two companies, and these materials shall be immediately returned to the plaintiff, along with the mass production under PO (Purchase Orders).

The Plaintiff deliver a CD sealed to C on the same day, and this is against the said CD.