부정경쟁행위금지 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff was established on October 26, 2012 and around November 7, 2012, with the trade name “A” from Seongbuk-gu Seoul, Seongbuk-gu, Seoul and underground 1st century, and operated a shower and a shower and a shower with a congroid.
B. Defendant B is operating with the trade name of “F” on the second floor of the building E in Jung-gu, Seoul, the second floor in November, 2014, and is opening and operating a shower shower and a congrable restaurant.
After that, around March 2015, Htel No. 2 opened the F cafeteria on the second floor of Htel in Sung-si.
C. On December 16, 2012, Defendant C entered the Plaintiff’s establishment and resigned on September 2, 2014, and thereafter joined the said F cafeteria and served in the present place.
On the other hand, G was employed on December 1, 2013 at the Plaintiff’s establishment and left on February 28, 2014, and was currently employed in the above F cafeteria.
The plaintiff filed a criminal complaint against the defendants and G due to occupational breach of trust (Seoul Northern District Prosecutors' Office 2015 punishment No. 34134) and all were prosecuted.
In the process of investigation of the above criminal case, the Plaintiff recognized that Defendant C and G did not receive an agreement on the duty of confidentiality for food consumption, etc. at the time of his/her employment, or that they were not leaked to the outside.
[Reasons for Recognition] Facts without dispute, Gap's 1 through 9, 11, Eul's 1 through 8 (including provisional numbers) and images, witness G's testimony, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion (1) The plaintiff is operating the above A business using the technology transferred from the I company.
On October 17, 2012, the Plaintiff paid food technology transfer fees of an amount equivalent to KRW 50,000 from K representative of the I Company that operates a "J restaurant", which is a shower chain chain, and entered into a contract with the Plaintiff to receive technology transfer and education for restaurant operation to display of the above A food, including the lethy of the food, and the coffee, etc.
The types of Lestop are 10 candys and 15 candys.