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(영문) 서울동부지방법원 2020.11.18 2019가합113626
손해배상(기)
Text

The defendant's KRW 63,852,222 to the plaintiff and 5% per annum from April 2, 2020 to November 18, 2020 to the plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company engaging in the business of developing and selling programs, software consulting and development and supply, etc., and “C” (hereinafter “C”) which is a large capacity transmission and reception program around July 2008.

(2) Around June 2009, the Defendant developed “E” (hereinafter “E”), a large capacity transmission and reception program, around March 2007, as a company engaging in software development, research, services, consignment, sales, distribution, export and import business, etc.

3) The Plaintiff and the Defendant are systems introduced to strengthen transparency and accountability of the administrative affairs of public institutions and to achieve the advancement and standardization of electronic records management, with the aim of managing the integrated system by sleeping or digitizationing public records. B. G business and the Defendant H development 1), around April 2010, the Plaintiff and the Defendant promoted “G business” (hereinafter “instant business”) with the content of the establishment of the electronic records management system for the preservation of the administrative information system, including the standardization of technical specifications for large volume electronic records transfer officials.

2) J Co., Ltd. (hereinafter referred to as “J”) only

A) On June 18, 2010, the instant service contract was selected as the counter-party to the instant project and the contract amount of which is KRW 685,000,000 with respect to software and hardware engineering services necessary for the instant project between the I and the I.D. (hereinafter “instant service contract”).

The terms and conditions of the instant service contract are as follows. The ownership and the right to use the instant service, Article 16 (ownership, etc.) of the terms and conditions of the service contract, which apply to the instant service contract, are as follows:

Provided, That if the other party to the contract needs, it may be used with the permission of the procuring entity.

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