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(영문) 서울중앙지방법원 2017.08.18 2016가합571792
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff B and the Defendants enter into a partnership agreement 1) Plaintiff E (hereinafter “E”) engaging in plastic business, etc.

Defendant C is the representative of the Company F (hereinafter referred to as “F”) engaging in software development business, etc.

(2) On December 22, 2011, the Plaintiff B and the Defendants entered into a partnership agreement (hereinafter “instant first partnership agreement”) with the content that they jointly manage the development of code and system for preventing reproduction and alteration (hereinafter “instant business”).

The main contents are as follows:

The original text of the instant business agreement is referred to as “a partnership agreement”.

Defendant D, Plaintiff B, and Defendant C enter into a contract for the joint management of the instant project (tentatively called G project) as follows.

Article 1 (Purpose) The purpose of this Agreement is to prescribe the rights and obligations of the parties to the contract in the joint commercialization of the Project in this case.

Article 2 (Sharing of Obligations) Contracting parties shall share their roles in the stage of development for commercialization as follows:

- Defendant D: Intellectual property management of technology related to the code for business planning and prevention of reproduction forgery - The development of Plaintiff B: the development of code for prevention of reproduction alteration - Defendant C: Article 3 (Establishment of Commercialization Entity and Distribution of Shares) of the development of certification system development (the establishment and distribution of shares) of the code for prevention of reproduction alteration - The legal entity of commercialization (tentatively named G Co., Ltd) shall be established after completion of the development of the

- The ratio of the share of the parties to the contract to G Co., Ltd. shall be 30%, 230%, 30%, and 30%, respectively.

- Ten percent of the remaining shares will be allocated to a third party, etc. under the agreement of the contracting parties in order to use them as necessary for the smooth promotion of the project.

Article 5 (Treatment of Development Costs, Patents, etc.)

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