1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company established on February 13, 2006 for the purpose of developing and supplying software, and the Defendant is a company established on May 21, 1996 for the purpose of developing, advising and supplying software.

B. On June 28, 2016, the Plaintiff entered into a contract for the construction of a system between the Plaintiff and Nonparty C Vietnam Corporation (C; hereinafter “C”) with the content that the Plaintiff would build C’s data management system (CDR and CD data management system) until December 31, 2016, and C would pay to the Plaintiff USD 245,955 (including taxes, and KRW 280,000,000 when calculating according to the average transaction rate from the contract to the due date) in return for the construction of a system between the Plaintiff and Nonparty C Vietnam.

(hereinafter “C contract”). The main contents of the C contract are as follows, and according to the performance plan attached to the C contract, not only three Plaintiff employees but also eight Defendant employees were included in the C contract.

Article 1 (Purpose) The General Conditions of this System Construction Contract (hereinafter referred to as “General Conditions”) is to prescribe all the rights, obligations, etc. of the parties in the performance of the services ordered by C for the development of CDR system (hereinafter referred to as “this services”).

Article 4 (Delivery, Installation and Ownership) (1) The Plaintiff shall supply and install (hereinafter referred to as "delivery") the "main services" at its responsibilities and costs within the delivery period, and C shall issue a written confirmation thereof.

3. The development of this Agreement and the ownership of the “this Service” established shall be vested in C.

However, D/E copyright supplied by the Plaintiff is owned by the Plaintiff.

C. On July 4, 2016, the Plaintiff entered into a contract for system construction services subcontract between the Plaintiff and the Defendant, with the Defendant, supplied and installed the said C data management system that the Defendant contracted by C by December 31, 2016, and the Plaintiff paid to the Defendant by December 31, 2016. In return, value-added tax of KRW 115 million is assessed against the Defendant.