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(영문) 서울중앙지방법원 2019.09.20 2018가합586552
저작권확인등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s status and Plaintiff’s program production and sale 1) is a company established for the purpose of software advisory, development and supply business, and mainly engaged in the business of developing and selling groupwaness. 2) C Co., Ltd. (hereinafter “C”) is a copyright holder of groupwaness computer program (E copyright registration, hereinafter “D program”).

3) From January 201 to February 2010, the Plaintiff provided services, such as licensing sales and cooperation, and consulting for the D program, and the Plaintiff entered into a contract with a cooperation company for the installation, program development, maintenance, and repair of the program with the company that entered into the D program use contract with C. After receiving the original code of the D program set up from the early police officer C to the time of early February 2010, the Plaintiff was provided with the program set up by the NG "G (G) which is a group dam computer program, based on the F F, and the date of creation: H, the date of registration: L, the application program, the author: the Plaintiff’s production (hereinafter referred to as “the Plaintiff’s program”).

(4) On July 2010, C entered into a contract with H (hereinafter “H”) for technology transfer and total sales of D programs with respect to the installation, development, maintenance, and repair of the program. H and the Plaintiff entered into a resale contract with H to transfer the technology of D programs to the Plaintiff, provide related data, and sell D programs to customers and support the development of D programs.

Since then, the plaintiff operated the plaintiff program, but the name (I) of the D program was also used for the purpose of business assistance.

The plaintiff continues to implement the plaintiff program according to the development of the IT environment, changes in customer requirements, and the trade of the JO server products.

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