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(영문) 서울고등법원 2016.07.21 2014나32146
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendants are the defendants.

Reasons

1. Basic facts

A. The Plaintiff as the parties and the Defendant Company B (hereinafter “Defendant Company”) are both companies engaged in the business of developing, distributing, maintaining and repairing computer programs (specificly, the development, sale, etc. of trucks and construction machinery integrated management programs), and Defendant C is the sole director and representative from the time of the establishment of the Defendant Company and operates the Defendant Company, taking overall control of the Defendant Company’s overall business.

B. The development process of the relevant Dos (DOS) program 1) R conducted the development and sale of cargo cars and construction machinery integrated management program in around 1994, with the trade name of “S”. G and Defendant C engaged in the program development work as S’s employee, and around May 1995, integrated the truck and construction machinery consignment management work (U program is supported by the DOS-based program with the current status of construction machinery, accident history, value-added tax, accounting data, and all kinds of documents management, etc.

2) On June 20, 1996, R, subject to receiving KRW 40,00,000 from Defendant C on June 20, 1996, on condition that R, under the condition that it will exclusively transfer its ownership, transaction partners, and other matters to Defendant C, and provided all software developed by R, to Defendant C.

3) R is converted into S on June 28, 1996, and is limited to V Co., Ltd. (hereinafter “V”).

A) Around October 1997, V established the Company H (hereinafter “H”) on July 24, 2003. Around October 24, 2003, V developed the Company C, which developed the Company C and registered its copyright on X.

A) A business was transferred to H on August 8, 2003. Accordingly, W transferred the copyright to H on the same date. 4) Meanwhile, Defendant C acquired the ownership of the SP branch from R, and continued to engage in the business by using T, while continuing to engage in the business by using T, around October 1997, and around that time, shared information on G and program development in V.

5. Defendant.

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