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(영문) 서울중앙지방법원 2017.08.18 2016가합504686
컴퓨터프로그램배포금지 및 손해배상 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

(a) Korea-U.S. Bank introduced BNCS 1) The Social Network Services Ethyn (hereinafter referred to as “FNS”);

(2) On November 13, 1993, between FNS and FNS on a license agreement for the use of BNS (L. 6.2) between the Korea-U.S.A. and FNS on November 13, 1993, the Korea-U.S.C. (hereinafter referred to as Korea-U.S.C. hereinafter referred to as the “Korea-U.S.C.”), was a copyright owner of “BNCS”, which is a software which is a software which is a financial business development project in the COBL language. The Korea-U.S.C. (hereinafter referred to as the “Korea-U.S.C.”), began to conduct a system analysis, suitability work, system alteration, and unit alteration, and began to conduct a consolidated inspection from November 1 to December 11, 1994 to May 195.

(hereinafter referred to as “new online system”). Of the new online system, BNCS was mainly applied to the retail financial system centered on credit and receipt.

3) On June 25, 1996, Hanmi bank notified FNS of its intention to maintain and repair a new online system itself, and thereafter managed the system itself. 4) Meanwhile, FNS had a branch office in Korea at the time when it entered into a license agreement with Hanmi bank and BNCS. However, FNS corporation (hereinafter “FNS.com”) entered into an exclusive license agreement with FNS on June 28, 200, when it acquired human and physical resources of the Korean branch office of FNS, and entered into an exclusive license agreement with FNS on the exclusive license for use (ex 7.2).

5) The Defendant merged FNS.com around June 2005. (b) Along with the re-building of the system of Hanmi Bank and the Plaintiff’s participation in the Plaintiff’s business, the new online system was constituted based on the MBM’s main framework, which is a computer manufacturer, but the equipment of the IBM company.

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