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(영문) 서울고등법원 2014.09.25 2013나70516

손해배상

Text

The plaintiff's appeal against the defendants is dismissed in entirety.

All claims added by the plaintiff in this court.

Reasons

1. The summary of the case is the case where the Plaintiff conspired with the Defendants to infringe on the Plaintiff’s trade secrets, and carried them out without permission. The Plaintiff’s development personnel of the Plaintiff’s Service Infrastructure Business Headquarters enter the Defendant H (hereinafter “Defendant Company”) and caused the Plaintiff to perform the previous tasks through the Defendant Company, thereby causing excessive payment of personnel expenses, etc., and seek for payment of KRW 1.3 billion and delay damages as part of the tort liability based on the infringement of trade secrets (the first) or the unauthorized removal of computer equipment, breach of trust, etc. (the second).

The judgment of the first instance dismissed all the plaintiff's claims, and the plaintiff appealed against this and filed an appeal.

(2) On February 1, 200, the Plaintiff added a claim for damages based on the non-performance of obligation due to the non-performance of obligation due to the non-performance of obligation due to the non-performance of obligation in the light of the reasoning of the judgment of the first instance and the reasoning of the additional court on this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the following three judgments as to the Plaintiff’s claim added by

3. The further determination of this Court

A. As to the Defendants’ defense prior to the merits (the Defendant’s assertion), the Defendants asserted in the first instance trial that, even if the Plaintiff clearly expressed in the first instance trial the intent not to file a claim for damages based on non-performance of obligations arising from a breach of a non-commercial agreement, etc., seeking compensation for damages based on non-performance of obligations arising from non-performance of obligations arising from a breach of a non-commercial agreement, etc

[Judgment] The other party's acts may lead to contradictory acts despite the other party's trust in doing certain acts.