(영문) 서울중앙지방법원 2016.03.31 2014가단263939 (1)

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(영문) 서울중앙지방법원 2016.03.31 2014가단263939 (1)

지체배상금

Text

1. The Defendant shall pay to the Plaintiff KRW 6,458,064 and the interest rate of KRW 15% per annum from April 1, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On January 16, 2013, the Plaintiff and the content of the instant supply contract (hereinafter referred to as “the instant supply contract”) and the Defendant entered into a contract on the supply of the virtual software for the sckeage (hereinafter referred to as “the instant supply contract”) with the following contents, and the main contents are as follows:

Article 1 (Definition of Terms) The term “IOU-Ecrame” (hereinafter referred to as “the instant software”) of virtual storage software products (hereinafter referred to as “IOU-Ecrame”) means the virtual storage storage software, which is held and circulated by companies located in the United Kingdom, based on cloud software products developed and owned by the EMEDITRACK.

The term "IOU-Ecad-on", and the following "Additional Functions Software" means additional functions products developed and circulated by the defendant on the basis of the software of this case sent by ecco-Ecrame.

(Article 2 omitted) Article 3(Duties and Rights of Each Party): Section 3-1: The Plaintiff has exclusive sales rights in Korea with respect to the instant software of this case by the media recordsors.

(hereinafter referred to as "paragraph 3-2: The plaintiff shall pay 50 percent of the sales amount to the e-mailor's license amount for the software of this case.

(hereinafter referred to as "paragraph 3-3 omitted) 3-4: (m) The Plaintiff shall pay 20 million won in the amount of at least license amount for the instant software of this case by e-mailors within 10 days after the conclusion of this contract, and shall immediately pay 10 million won after performing product performance testing and then deduct the amount of at least license amount from the license amount paid to e-mailors pursuant to paragraph 3-2 in the future.

(Article 3-5 Omission) 3-6: The plaintiff shall perform the supplementary functions of the defendant in this case.

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