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(영문) 서울남부지방법원 2012.06.14 2011가합4255
불법행위로 인한 손해배상(기)
Text

1. The Defendant’s KRW 443,190,578 as well as the annual rate of KRW 5% from July 8, 2010 to June 14, 2012, and the next day.

Reasons

1. Basic facts

A. The Plaintiff is a company running business, such as the development of software, transportation cards, and the development, installation, and operation of the system of the IC card. The Defendant is a company that runs bus transportation business while entering the Gyeongnam-gun and Gwangju Metropolitan City, which belongs to the Non-Party Do Bus Transport Business Association (hereinafter “Seoul-do Bus Association”).

B. Around June 2002, the Plaintiff and the Defendant entered into a contract for the supply of transportation cards and systems to the buses operated by the Defendant (hereinafter “instant transportation cards installation contract”) with the Plaintiff, and the main contents are as follows.

(3) The term "system" in Article 2 (Definition of Terms) of the Agreement on the Supply and Operation of Advanced Transportation Card Systems includes software necessary to operate hardware composed of drivers, bus terminals, data collection devices, and bus company management systems (Bms) as defined in this Agreement and to efficiently perform prescribed duties.

Article 5 (Procedure for Supply of System) (4) The system shall be established and completed within six months from the date of the contract, and its implementation shall not interfere with the operation thereof in consideration of the implementation timing of the Gwangju metropolitan bus company.

Article 7 (ownership and Right to Use “Systems”) (1) Ownership of “Systems” shall be entitled to use “Systems” as provided by the Defendant for the implementation of Articles 8 and 9 from the date of the establishment and operation thereof.

(2) The intellectual property rights of “system” are owned by the Plaintiff, and the Plaintiff shall develop, manufacture and supply “system” and provide all technical support to the Defendant.

Article 15 (Competent Court) (2) Where a defendant's non-performance of any of the subparagraphs of Article 5 causes a serious loss to the plaintiff, the full amount of such loss shall be compensated.

In addition, when the plaintiff entered into the same system as the Gwangju metropolitan bus company, it is necessary to install the line more than the Gwangju metropolitan bus company.

C. The plaintiff is above.

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