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(영문) 서울서부지방법원 2020.11.17 2019가단271855
라이선스 대금청구
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established on September 7, 1998 for the purpose of manufacturing and selling computers and peripheral devices, and developing and selling software. The Defendant is a company established on May 29, 2006 for the purpose of developing and supplying computer software.

B. From December 2013, the Plaintiff sold the instant security program to the same sales agency as the Defendant with the Korean total market of the software developed by Nonparty C, a company’s data security and cyber security leading company (hereinafter “instant security program”), and the basic structure of the software sales structure is as follows.

C 3. Korean corporation: 3. Korea Federation. 2. Korea Foundation (Defendant, etc.) 1. 3. 3. 1. 3. 1. 1. 1. 1. 1.

C. Meanwhile, from around 2010, the Defendant supplied the instant security program to D (hereinafter “D”). D around September 2014, publicly announced a new bid for the intra-company security program.

On September 29, 2014, the non-party corporation assisted the defendant to receive a new bid at D's new bid, which has a substantial portion of domestic sales around September 29, 2014, and made the defendant select the instant security program prior to the decision of D's bidding.

On September 30, 2014, the Defendant requested the Plaintiff to place an order on the instant security program 26,000 won (unit price of 2,500 won, amount of 65,000,000 won (excluding value-added tax), and 90 days cash under settlement terms). On October 1, 2014, the Plaintiff sent the security program product certification code ordered to the Defendant.

(hereinafter “instant purchase contract”). However, the Defendant failed to participate in the final bid in D’s new security program tendering procedures.

Meanwhile, the fixed product certification code delivered by the Plaintiff to the Defendant was not used until the date of closing the argument in this case.

[Reasons for Recognition]

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