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(영문) 서울중앙지방법원 2019.01.25 2016가합526303
저작권침해중지청구 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s status and Plaintiff’s production and sales 1) The Plaintiff is a company established for the purpose of software advisory, development and supply business, and mainly engaged in the business of developing and selling group Nition. 2) D Co., Ltd. (hereinafter “D”) is a copyright holder of group Nition computer program (hereinafter “E”) under the name of “E”.

(3) On January 19, 2010 to February 2010, the Plaintiff entered into a contract with D on the installation, development, maintenance, and repair of the E program, which entered into a contract with D as a partner, for the company that entered into the E program use agreement with D, including the provision of services, such as license sales and cooperation, education, consulting, etc., of the E program. On February 31, 2010, the Plaintiff was provided with the original code of the E program set up in attached Table 2 List 1 (hereinafter “Plaintiff 1 program”). On March 31, 2010, the Plaintiff was provided with the original code of the E program set up in the Roman from D to the time at the time on March 31, 2010, based on the program.

(4) Around July 2010, 2010, D entered into a contract for technology transfer and total sales of the E program with G Co., Ltd. (hereinafter “G”). G and the Plaintiff entered into a resale agreement with the Plaintiff to transfer the E program’s technology to the Plaintiff, provide relevant data, and sell the E program to customers and support the technology.

Since then, the Plaintiff operated the Plaintiff’s program as Plaintiff 1, but used the name of the E program as well as the name of the E program for business assistance.

The plaintiff continued to engage in the plaintiff 1 program due to the development of the IT environment, changes in customer requirements, and trade of the I server products, etc., and the J date.

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