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1. The Plaintiff’s liability for damages for the transaction of the ILO software to the Defendant is nonexistent.
Reasons
1. Basic facts
A. In around 1999, the Defendant entered into a contract with the ILOG S.A. (hereinafter referred to as “ASEAN”), which is a global software company, to supply the software developed by it, to the Defendant, and the Defendant entered into a contract with the content that the software was sold in Korea.
The above contract was renewed every year, and it was changed to the exclusive supply and exclusive sale contract around 2003.
B. The Defendant purchased the software from Arogs on a quarterly, and sold it again to the customer. If the Defendant concludes a software sales contract with the end customer and then the end customer establishes the computer using the software, the Defendant requested Arogs to issue Arogs license and issued Arogs license, the Defendant provided the relevant software on the last customer’s computer.
However, it is necessary to maintain and repair Arabic software on a regular basis.
C. CTRI, a special purpose company established by the IBM, has acquired the shares of Ghana through a tender offer on December 29, 2008, and the assets of CTRI and Ghana have been transferred to IBMFFCRE.
In addition, as one of the follow-up work of these global M&A, Ghana transferred the rights and obligations arising out of the past contractual relationship(including contractual relationship entered into by the Arily, New Zealand, Japan, Singapore, China, Hong Kong, Thai, Thailand, India, India, India, and the Republic of Korea) with each Asian country (including the contractual relationship entered into by the Arily subsidiary), to the IBM subsidiaries having jurisdiction over each Asian country as of July 1, 2009.
Accordingly, the Plaintiff, a subsidiary company in the Republic of Korea of IBM, succeeded to the rights and obligations arising from the contract with the Defendant as of July 1, 2009, and the Defendant also consented to the transfer of the above contractual status, and the said contract is non-exclusive supply and supply.