(영문) 서울남부지방법원 2015.02.13 2013가단44052

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(영문) 서울남부지방법원 2015.02.13 2013가단44052

개발비 등

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1. The defendant shall pay 3.6 million won to the plaintiff and 20% per annum from September 1, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of system and software development and supply business, and the Defendant is a company with the purpose of software manufacturing and distribution business.

Around March 2012, the Defendant contracted for the development of “C Integrated Education System” (hereinafter “instant system”) from Korea-U.S. Co., Ltd. (hereinafter “Korea-U.S.C”) and entered into an entrustment development agreement with the Plaintiff on April 9, 2012 (hereinafter “instant contract”).

At the time, the instant contract was concluded on behalf of the Defendant on June 1, 2010 by Nonparty D (the representative director of Nonparty E, who was employed as the head of the Defendant’s Strategic Planning Headquarters on or around June 1, 2010) who was delegated by the Defendant to develop the instant system by using the Defendant’s position as the Defendant’s “director and the head of the Strategic Planning Headquarters,” which was the Defendant’s “director”.

(2) Contract period: from April 9, 2012 to September 14, 2012: 30% of the advance payment (30% of the advance payment, part payment 30%, and 40% of the remainder)

B. On September 7, 2012, the Plaintiff continued work to build the instant system with the receipt of advance payment and intermediate payment from the Defendant under the instant contract, and commenced the instant system test service and completed the instant system construction work.

After that, the Plaintiff, in consultation with D, transferred the work result to the Defendant’s employees and Nonparty F (the person in charge of the development and maintenance of the system of this case from August 7, 2012 to Nonparty F (the person in charge of the development and maintenance of the system of this case under a contract with the Defendant) and received human resources from the workplace.

(However, at the request of D, the plaintiff's equipment provided free of charge to the defendant until October 2012.

However, the instant system aims at correcting errors around September 12, 2012.

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