1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On May 2010, the Plaintiff, who is engaged in the business of manufacturing and selling rehabilitation exercise devices, requested the Defendant to develop an AIXE Integrated Management Program applicable to the Plaintiff’s rehabilitation exercise organization (hereinafter “the instant program”).

B. On May 13, 2010, the Defendant presented the following proposals at the development cost of the instant program, and the Plaintiff consented thereto.

- Development costs (such as technical costs) shall not be calculated - Labor costs during the development period: 9 million won per month x 3 months - Additional and Supplementary measures after the development period - Payment of 3 million won per month until the production of the product - Payment of development costs after the production of the product to cover development costs after the production of the product.

C. After developing the instant program, the Defendant installed the instant program at the Plaintiff’s Rehabilitation Agency Supply Agency in accordance with the Plaintiff’s order, and has been managing it up to now.

The Plaintiff paid KRW 164,090,000 to the Defendant as the development cost of the instant program.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion

A. If the Defendant develops the instant program, the Plaintiff entered into a contract under which the Plaintiff would pay the Defendant the development cost and receive the ownership or copyright of the instant program from the Plaintiff.

Since the Defendant completed the development, it is obligated to transfer it to the Plaintiff.

B. Unless otherwise, the Defendant, without any legal ground, shall obtain a profit equivalent to the development cost from the Plaintiff and thereby incurred a loss equivalent to the same amount to the Plaintiff. Therefore, the development cost paid KRW 164,090,000 shall be returned to the Plaintiff as unjust enrichment.

3. Where the determination program copyright is not externally expressed that it has been transferred or authorized to be used, it is reasonable to presume the program author’s right to be reserved and where the content of the contract is unclear.