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(영문) 대전지방법원 2015.12.02 2014가합107141
컴퓨터프로그램 인도청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The following facts are not disputed between the parties, or may be recognized by comprehensively taking into account the descriptions of Gap evidence 1 through 6, Eul evidence 2, and the whole purport of pleadings:

The plaintiff in a joint business contract between the plaintiff and the defendant is a company with the purpose of gene analysis business, and the defendant is a company with the purpose of software development and supply business.

On June 20, 2013, the Plaintiff agreed to jointly develop, manufacture, and sell DNA analysis software (NGS-P) and super-high speed computer systems (ma system) with the Defendant on June 20, 2013.

Article 3-1 【Development of Primary Services】

1. The early stage is that the development work and difficulty cannot be accurately identified, and thus:

(a) and (b)

In order to develop the port affairs for four months with the primary goal, and during this period, Gap (Plaintiff) shall pay to Eul (Defendant) a total of KRW 40 million per month at the cost of development, which is the minimum cost.

(c)to make every effort to develop to the extent possible;

Porting the NGS-PL system (ETRI and cooperation)

(b) Commercial paration of the NGS-PL: Structural tearization, exceptional processing apparatus modernization, automatic installation programs, etc.;

(c) the improvement of the performance of NGS-PL based on the multi-system (alternatives);

2. The period and amount may be adjusted by agreement as the business has been embodied; and

The main contents of the first joint project agreement shall be as follows:

The Defendant produced software and supplied it to the Plaintiff according to the foregoing first joint business contract, and the Plaintiff paid KRW 40 million to the Defendant, each month from July 2013 to October 2013.

On April 13, 2014, the Plaintiff entered into a joint business contract with the Defendant for the design, development, and sale of the next generation genetic analysis system (NGS project; hereinafter “instant program”).

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