logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.10.25 2014가합104030
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of the lawsuit, the Plaintiff’s Intervenor shall be the Plaintiff’s Intervenor.

Reasons

1. Basic facts

A. Party status 1) The Plaintiff is “D” (hereinafter “D”) which is a large capacity transmission and reception program around 2006.

(E) Around July 1, 2008, the Defendant developed v.1.3, and the Defendant is “E” (hereinafter referred to as “E”).

(2) On June 15, 2009, the original and the Defendant developed EV.2.0, respectively. (2) The purpose of the original and the Defendant is to manage the integrated system by means of digitization or digitization of public records by strengthening the transparency and accountability of the standard records management system (Rms) administrative affairs of public institutions and by achieving advancement and standardization of electronic records management.

D and E have been supplied respectively to public institutions or local governments operating them.

B. F business and Plaintiff G development1) The National Recorder affiliated with the Defendant joining the Defendant’s Intervenor (“F business” with the establishment of an electronic records preservation and management system of the administrative information system, including the standardization of technical specifications for large volume electronic records transfer tubes around April 2010 (hereinafter “F business”). The instant business is the “project.”

2) On June 18, 2010, the Plaintiff’s Intervenor and the Defendant’s Intervenor entered into a general service contract with the Defendant for the payment of contract amounting to KRW 685,00,000 with respect to software and hardware engineering services necessary for the instant project (hereinafter “instant general service contract”).

The parts related to the ownership of author's property rights, among the general terms and conditions of the service contract applied to the instant general service contract, are as follows.

Article 56 (Reversion, etc. of Intellectual Property Rights to Subject Matter of Contracts) (1) The intellectual property rights to subject matters of a contract under the relevant contract shall be jointly owned by the ordering agency (National Archives) and the counter-party to the contract (the supplementary intervenor) and the share shall be equal unless otherwise specified.

However, considering the contribution ratio to development and the special nature of the object.

arrow