logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.04.10 2017가합22097
손해배상(지)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 22, 2012, Plaintiff B, Defendant C, and Nonparty F were gathered on or around October 2, 2012, and the agreement is concluded to establish the Plaintiff Company as a corporation to sell “G” upon entering into an agreement with respect to the business, marketing, and technical work of “G”, a software developed by Defendant C, and to sell “G” (hereinafter “instant agreement”).

“G” is a software that comprehensively manages all information on products and components produced by a company through the integrated management of product information. 2) Of the terms of the instant agreement, the parts relating to the instant agreement are as follows:

The actual contents of this Convention are: (a) the Plaintiff B and F participate in the business, marketing, and technical work of “G” software developed by Defendant C as a partner; (b) the purpose of this Convention is to provide for all matters concerning the business alliance between three parties; (c) the joint business, marketing, and technology development; (d) the development of software or services for the purpose of facilitating “G” software; and (e) the participation in the business and marketing in order to provide the general public with the software or services.

The actual accounts shall be comprised of new sales corporations of “G”, as soon as possible by the third party’s agreement, and shall agree as follows:

The term "G"'s intellectual property rights shall belong to the defendant C, and the "G" business rights shall belong to the same third party who has made a new investment.

In addition, Defendant C continues to provide technical support to new investment corporations.

(A) The actual tax amount of one million won borrowed from the Plaintiff B shall be paid at the expense of a new investing company in the future, when the new investing company is stable.

3) According to the instant agreement, the Plaintiff B, Defendant C, and Nonparty F established the Plaintiff Company on December 13, 2012, and the Plaintiff was appointed as the representative director. B. The Plaintiff Company entered into a contract between the Plaintiff Company and the Defendant C. Around December 2012, 2012, the Plaintiff Company entered into a basic contract for program supply with Defendant C (hereinafter “instant royalty contract”).

arrow