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(영문) 서울고등법원 2018.01.25 2015나6175
약정금 등
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2.As added at the trial.

Reasons

1. Basic facts

A. The Plaintiff is a company operating the airline ticket reservation system, and the Defendant is a company operating domestic and overseas travel business, etc.

B. Around August 2006, Spanch and AsiaDT Co., Ltd. jointly developed a real-time online aviation ticket reservation system (Abacs, hereinafter “AWP system”) using the air ticket reservation and launching system (airGDS refers to the “air ticket reservation and departure right system”; hereinafter the “air ticket reservation system”) and registered the program copyright with the Korea Copyright Commission (hereinafter “AWP system”), and around 2007, transferred the copyright of the AWP system to the Plaintiff.

C. The AWP system consists of “Font-end System” and “Bak-end System” related to the input of data of the customer who intends to make an aviation ticket reservations, and “AWP system” that communicates the customer’s input information to AWC (AWC) airDS, and delivers the customer’s input information to AWC (AWC) Link Sub-S-System, air fare information to “AWC Link Sub-ubsym”, and each internal system’s information exchange methods are as follows.

On July 1, 2008, the Plaintiff entered into a system building agreement to develop and supply an online speculative air reservation system (hereinafter “instant system building agreement”) with the Defendant on the following terms and conditions (hereinafter “instant system building agreement”).

The purpose of this Agreement is to set forth the rights and obligations between the plaintiff and the defendant when the plaintiff establishes a system specified in the separate project implementation plan for the additional project execution contract (the purpose of this Agreement).

Article 2 (Contract Goods) The plaintiff is the defendant under this Agreement.

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