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(영문) 서울남부지방법원 2017.06.15 2015가합105996
손해배상(기)
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 50,000,000 in Japanese currency and KRW 15,000 in Japanese currency among the above amounts.

Reasons

1. Basic facts

A. The Plaintiff is a company whose principal office is located in Japan, and which runs the business of developing software, etc. The Defendant Company is a company whose principal office is located in Korea and which runs the business of developing software, etc., and Defendant B was the representative director of the Defendant Company from August 26, 2010.

B. 1) The Plaintiff entered into a software development consignment agreement with a medical corporation in Japan on January 4, 2014 (hereinafter “C hospital”).

B) Between the Plaintiff and C Hospital by December 31, 2015, “The next generation comprehensive medical information system” (hereinafter “instant system”).

(2) On February 1, 2014, the Plaintiff entered into a development consignment agreement (hereinafter “instant development consignment agreement”) with the Defendant Company, under which the Plaintiff and the Defendant Company jointly develop the instant system, and the Plaintiff supervise development projects, and the Plaintiff entered into a development consignment agreement with the Defendant Company to pay the Defendant Company KRW 50,000,000 in Japanese currency (hereinafter “instant development consignment agreement”).

The main contents of the development consignment agreement are as follows:

The purpose of this Agreement is to clarify the rights and obligations of both parties in the successful completion of the development of the instant system that the Plaintiff requested the Defendant Company for the entrusted development.

Section 2. The definitions of terms used in this Agreement shall be as follows:

1. The term “entrusted business” means the business of developing the instant system that the Plaintiff entrusted to the Defendant Company;

2. Software means the instant system program developed by Defendant Company under this Agreement;

3. Original data means the data that the Plaintiff provides to the Defendant Company in the course of this Agreement.

4. The term "tests" means the test by the Plaintiff of the instant system developed by the Defendant Company in accordance with this Agreement, satisfying the criteria of this Agreement.

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