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(영문) 서울중앙지방법원 2020.08.19 2018가합551044
저작권 침해금지 등
Text

1. The defendant shall not produce, sell, reproduce, distribute, transmit publicly a program listed in the separate sheet.

2...

Reasons

Basic Facts

(1) The Plaintiff is a company established on August 22, 2001 for the purpose of software development and distribution business. 2) The Defendant is a company established on May 15, 1998 for the purpose of the management business, such as a server and database.

“C” Program Co., Ltd. D (hereinafter referred to as “D”)

(E) The “E” program (hereinafter referred to as the “instant program”) which is a white program.

(2) On August 8, 2014, D and the Defendant entered into an official contract with the content that D would allow the Defendant to use the instant program and grant the Defendant the right necessary for maintenance and repair (hereinafter “instant project”).

The main contents are as follows:

D (hereinafter referred to as the "transfer enterprise") and the defendant (hereinafter referred to as the "acquisition enterprise") shall enter into a contract in order to transfer all the rights and technologies necessary for the business of the transferor enterprise's software "C" (hereinafter referred to as the "software") to the transferee enterprise under certain conditions as follows:

Article 1(1) of the Convention is to carry on a successful business under mutual trust by clarifying rights, obligations and contracts between the transferee and the transferor on the basis of the principle of good faith. 2) The transferor shall transfer all rights and obligations related to the business to a partner with technical capacity to facilitate the development, business and technical assistance of the software.

Article 2(1) The transferor shall transfer to the transferee company the right to maintain and repair the customer company currently proceeding through the present contract in relation to the software. 2) The transferee company shall have all the rights to maintain and repair contracts that are incurred later and shall have the right to enter into a contract with all customer companies and cooperation companies of the transferor company.

3 The transferor shall be the principal agent.

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