(영문) 서울동부지방법원 2016.09.07 2014가합106067

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(영문) 서울동부지방법원 2016.09.07 2014가합106067

저작권확인등 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant is a company that operates an agency business for advertisement of public transportation such as subways, and the defendant has operated an agency business for advertisement of voice in the front-dong of Seoul Qim from March 28, 201 to March 27, 2014 (hereinafter "the business of this case").

The defendant tried to develop the automatic subway guidance broadcasting program essential for the project of this case in preparation for the tender of Seoul Matro in 2014.

On August 14, 2012, the Plaintiff determined contract amount of KRW 43 million (excluding value-added tax) and contract period from August 14, 2012 to August 13, 2013, and entered into a contract with the Defendant on “business of developing and constructing new guidance and system in the subway electric trains” (it is possible for the subway 2, 3, and 4 lines to automatically broadcast the subway guidance. The foregoing program is referred to as the “instant program”, and the purpose of this contract is to Article 1 (general provisions) of the Technical Services Agreement with the Defendant (A) and the Plaintiff (A) as Seoul’s customer company, to clarify the rights and obligations of “business of constructing new guidance and system in the subway electric trains 2, 3, and 4 lines.”

Article 4 (Scope of Services)

1. The scope of services to be performed by Eul shall be limited to this contract and analysis/design documents submitted by Eul;

Provided, That if necessary, part of the business may be changed according to the agreement between A and B.

2.The order of priority in application to the different conditions shall be determined by the agreement between A and B, and in the event that no agreement is reached, it shall be in the order of contract, analysis/design.

Article 12 (Inspection)

1. B may, upon completion of the service performance, undergo an inspection by the method of inspection designated by A, accompanied by evidentiary documents necessary for verifying the details of the service performance;

2. A shall be.

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