2. Costs of the application shall be borne by the applicant;

2. The execution officer shall publicly announce the purport of the said order in the proper manner.

3. Costs of application shall be borne by the respondent.

According to the records, the following facts are substantiated.

A. As the applicant company, the applicant company (hereinafter referred to as the "applicant company") developed the computer game program (hereinafter referred to as the "the program of this case") called the "AD HH game" and the "Tpool Cyman" as an electronic game specialized company, and acquired the program copyright for the program of this case.

B. On January 2003, as a company engaging in the manufacture, wholesale and retail business of the game machine (hereinafter referred to as “Accomer”) produced the program of this case and the horse game apparatus (hereinafter referred to as “the program of this case and the game apparatus”) by using the program of this case with the permission of the applicant company, and continuously traded the program of this case and the game apparatus by making an oral contract with the applicant company for the supply of the game apparatus only at each national game room where the contract for the supply of the game apparatus was entered into with the applicant company.

C. However, in violation of the above contractual duty, A.I.D. sold the instant program and game equipment to many game room operators who did not conclude the contract with the applicant company without the applicant company’s consent, and on January 6, 2004, the applicant company filed with the Chungcheongnam-nam Provincial Police Agency a complaint with the applicant company for the suspicion of occupational breach of trust and violation of the Unfair Competition Prevention and Trade Secret Protection Act (the chief of A.I.D.) of the applicant company’s trade secrets on the instant program, which is suspected that A.I.D. was known to A.I., the representative director of A.I.D. and A., the director of A.I.D., the applicant company, the director of A.I.D., filed a complaint with the applicant company on February 5, 200 on the condition that the applicant company withdraw

(1) The applicant company has the right to the instant program, and the licensee and the related persons shall bear all civil and criminal responsibilities when they violate the applicant company's rights to the instant program.

(2) The instant program and the instant game equipment sold by Abeer, other than seven stores 284, which were charged as of the date of agreement, do not constitute the instant program and the instant game equipment sold by Abeer. It is recognized that the instant program and the instant game equipment sold by Abeer was contractually concluded with the applicant company. However, in cases where it is discovered that Abeer was additionally sold in addition to the foregoing store, this agreement becomes null and void, and all liabilities are borne by the borrower and the least source.

D. On the other hand, the respondent purchased the program of this case and the game equipment listed in the attached Table 1 list from Abeer around February 2004, after agreement with Abeer with the applicant company, and is engaged in business using it.

2. Summary of the applicant's assertion

A. The applicant company, using the applicant company's trade secrets related to the program of this case, sells the program of this case and game equipment developed and acquired the program copyright to the respondent, thereby infringing the applicant company's program copyright, and at the same time infringing the applicant company's trade secrets. In addition, the respondent also infringes the applicant company's program copyright by using the program of this case purchased from the connection without the consent of the applicant company and the game equipment listed in the attached Table 1, and simultaneously infringes the applicant company's program copyright by using the game equipment listed in the program of this case and the game equipment listed in the attached Table 1, and at the same time, infringed the applicant company's business

3. Determination

With respect to the necessity of preservation, provisional disposition which determines a status as a health unit and a temporary position is an urgent and provisional disposition which is allowed only when the person having the right to a provisional disposition has a reason to avoid or preserve the present significant damage to the legal relationship of the dispute, and whether such provisional disposition is necessary, shall be decided for a consistent purpose at the court's discretion, taking into account whether the applicant has accepted the application for such provisional disposition and all other circumstances. The loss suffered by the applicant company by selling the game software in the program of this case and the attached Table 1 without permission to the respondent is equivalent to the sales price that the applicant company could have obtained if the applicant company directly sold the game software of this case and the game software of this case to the respondent. After that, it seems that there is no concern that the respondent would cause additional damage due to the continuous use of the game software of the attached Table 1 which the respondent currently uses for business and the respondent could not use the game software of this case. In light of the circumstances such as the fact that the respondent's loss is considerably high, and even if the applicant has submitted the data and the applicant could not recover any damage prior to use of the game software.

4. Conclusion

Therefore, the application of this case shall be dismissed as it is without merit. [Attachment] omitted.

Judges Kim Jong-tae (Presiding Judge)