(영문) 서울중앙지방법원 2015.01.16 2013가합13660

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(영문) 서울중앙지방법원 2015.01.16 2013가합13660

약정금 등

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1. The Defendant (Counterclaim Plaintiff) paid KRW 57,750,000 to the Plaintiff (Counterclaim Defendant) and its related amount from March 28, 2013 to January 16, 2015.

Reasons

1. Basic facts

A. In operating the airline ticket reservation system (GDS), the Plaintiff is a company that provides the AWP (ABS) for real-time online airline ticket reservation program to the travel enterprises.

AWP consists of “Fron-end System” related to the input of data of customers who intend to make an aviation reservation, “Bak-end System”, and “AWC (Abbbacs) Link-ub-system”, which serves as a role of transmitting customer’s input information to GDS.

B. On July 1, 2008, the Plaintiff entered into a system building agreement with the Defendant, a travel business entity, as follows:

1) The Plaintiff shall use AWP to be used by the Defendant (hereinafter “instant system”).

(2) The Defendant shall be supplied with the Defendant by November 7, 2008, and the amount of KRW 270 million (excluding value-added tax) by the Defendant shall be paid in installments (Article 2, 3, and 4). (ii) The instant system developed by the Plaintiff shall have the exclusive and permanent right to use from the date of completion of the payment of the said amount.

(Article 5.3) The subject to whom the intellectual property right to the instant system belongs is as follows (Article 6(2). The Defendant’s intellectual property right: the screen design, planning, UI Plaintiff’s intellectual property right to the screen made by the Defendant prior to this development and in accordance with the implementation of this development: AWC Link Sub-Systm, AWP-end Systm-end Systm, AWP-end Systm-end Systm, AWP-end Systm, AWP rate management system, OPP fee management system, OTR linkage system, other CRS linkage systems:

C. By December 2008, the Defendant paid KRW 180 million out of the above payment (excluding value-added tax) and began to use part of the instant system from January 2009. On October 22, 2010, the Defendant entered into a contract for the development and supply of software, which makes it possible for the Plaintiff to make simultaneous inquiries into the instant system, and received the said software from the Plaintiff on October 29, 2010.

However, the defendant on June 11, 2012 is the plaintiff.

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