1. The part against the defendant among the judgment of the first instance is revoked and the plaintiff's claim corresponding to the revoked part is dismissed.

Basic Facts

The plaintiff is a company with the purpose of the system building and integrated service sales, software development, sale, lease, etc., and the defendant is a company with the purpose of software development, information system building, repair, management, and development.

D Progra is a program for real-time monitoring of the aforementioned SAP system by sending information about a company’s failure to the SAP system, which is an electronic accounting program related to its finance, accounting, and personnel management, and it is a commercialization of the DP system under the name of “D” by a stock company E (hereinafter “E”) and K (hereinafter “K”) around May 2010. The E completed the program copyright registration of the M date D program with its author as to the M date D program.

The main developer of the D Program is G. G, from April 2012 to June 2013, G developed the program under the jurisdiction of K, and thereafter, from April 2012 to June 2013, the program was again developed under the jurisdiction of K.

From April 2013, the Defendant integrated control system (hereinafter referred to as “F”) of SAP monitoring integrated control system with E (SAP system) from April 2013 to F Co., Ltd. (hereinafter referred to as “F”) (D’s program and monitoring results, the real-time monitoring program of the SAP system, are combined with the Defendant’s N’s program real-time monitoring program, real-time display results, and thereby becomes a new product package (hereinafter referred to as “instant system”).

[) While explaining the instant system construction project, G was prepared for the instant system construction project, and the work related to the development of the E-based program (SAP data that the D program monitoring has been delivered to the World) was in charge of G.

On the other hand, around December 16, 2013, when the preparation for the instant system construction project was underway, C, the representative director of the Plaintiff, completed the registration of program copyright transfer with respect to the D program.

From February 2014, the order for the instant system construction project is important in relation to the order.