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(영문) 서울중앙지방법원 2011.10.12 2010가단315856
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company whose business purpose is to manufacture, sell, provide advice, etc. on software, and the Defendant is a company that engages in program media manufacturing, computer organization, program development, etc., and the Defendant is a company that is a non-party Snovas Ltd. (hereinafter referred to as “Korea Snovas Ltd.”), Snovas Ltd. (hereinafter referred to as “Korea Snovas”) is a company that holds a license on the Sun Java Sym Enche Edit Software (hereinafter referred to as “instant software”).

B. Meanwhile, a business entity that purchases and resells products to Korea Snish is called a partnership, and a partnership is comprised of CDP (Chnnel Demarkete) and SPA (SPA) and subordinate agencies. In principle, the CDP can sell only products to other partners, while the SPA can sell them to the final buyer. The Plaintiff and the Defendant both are SPA.

C. In view of the structure of transaction with the instant software by Snishing Korea, the final buyers of the instant software are large enterprises or government agencies, and partners are primarily engaged in transaction with the final buyers, and the transaction structure between partnership or between partnership and the final buyers is divided into Nonparty 2ak Sock Ock Ock Ock Ock Ock Ock Ock Ock Ock Ock Ock, where there exists no prior purchase contract between partnership and the final buyer, but between Korea and partnership or between partnership and partnership.

C. Around March 2009, the Defendant refused to purchase 60 licenses on the instant software owned by the ITBF Co., Ltd., another partner, upon receipt of a request from the said non-party company. However, the Defendant refused to purchase 60 licenses on the instant software.

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