(영문) 서울중앙지방법원 2017.11.29 2016나1006

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(영문) 서울중앙지방법원 2017.11.29 2016나1006

계약금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. C is the representative director of the defendant who conducts software consulting, development and supply, and D is a person who runs an individual business in the trade name of E, and the plaintiff is a person who runs an individual business in the trade name of F.

B. On February 14, 2013, in order to develop and jointly operate G programs, C, D, and the Plaintiff drafted a business agreement with the following contents:

(hereinafter referred to as “instant business agreement”) Article 2 (Contents of the Business Agreement)

1. A (C; hereinafter referred to as “A”) inputs daily gold 20,000 won (20,000,000 won) in the development of a program and continuously support the optimal marketing for the sale of the completed program.

2. Eul (D, hereinafter referred to as "B") and Byung (hereinafter referred to as "the plaintiff, hereinafter referred to as "the plaintiff") shall put the services and technical skills in developing the program and shall continue to be maintained and repaired after completion of the development.

Article 3 (Development, Operation and Settlement of Programs)

1. The program development shall be carried out by Eul and Byung;

2. At the time of the conclusion of this Agreement, A shall pay 30% of the development costs (6 million won) to the accounts designated by B and C at the time of completion of the Project, 50% (1 million won) shall be paid at the time of completion of the Development of the Program, and the remainder of 20% (4 million won) shall be paid within one month after completion.

7. B and C shall preferentially develop a basic form in developing a program, and shall complete a program through continuous maintenance and repair.

Article 4 (Legal Relationship of Program)

1. The right to purchase a program is against A.

2. The intellectual property of a program is to B and C.

Article 6 (Prohibition of Assignment and Concurrent Operation) Unless the prior written consent of the other party is obtained, Byung, Eul, and Byung shall not transfer the status of the principal to any other third party, and they shall not operate separately, regardless of whether the same kind of business as that under this contract is independently or separately, with the third party.

Party A and Party B violate this.

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