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

1. The respondent shall set aside the possession of 51 each of the game equipment listed in the separate sheet No. 1, which is a screen game program installed in the building listed in the separate sheet No. 1, 36, and the "Sber equipment" listed in the separate sheet No. 1, 51 and the "Sber equipment" listed in the separate sheet No. 1, 9, respectively, and order the execution officer entrusted by the applicant to keep the same.

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 △△△△△ Game and the "Tpool" as an electronic game specialized company, and acquired the program copyright for the program of this case.

B. Around January 2003, 2003, ○○○○○ Co., Ltd. (hereinafter referred to as “○○○○○○”) was a company engaging in the manufacturing, wholesale, and retail of the game machine, and produced the instant program and the horse game apparatus (hereinafter referred to as “the instant program and the game apparatus”) with the permission of the applicant company, and entered into a contract with the applicant company for the supply of the instant program and the game apparatus to make an oral transaction.

C. However, on January 6, 2004, the ○○○○○ filed a complaint with Nonparty 2, the head of the △△△△△△△△△△△△△△, who is the head of the △△△△△△△△△△△△△△△△△, in violation of the Unfair Competition Prevention and Trade Secret Protection Act, against the applicant company’s duty of contract, selling the instant program and game equipment without the applicant company’s consent, and the applicant company informed Nonparty 1 and ○○○○○○○, the representative director of the ○○○○○○○○○, the representative director of the △△△△△△△△△△△△△△△, the above Nonparty 1 and Nonparty 2, on February 5, 2004, on condition that the applicant company withdraw the above complaint, and agreed

(1) The applicant company has the right to the instant program, and the ○○○○ and the related persons shall bear all civil and criminal responsibilities in the event of infringing the applicant company’s rights to the instant program.

(2) The instant program and game equipment sold by ○○○○ does not exist in addition to seven stores which filed a complaint as of the date of agreement, and the foregoing store, where ○○○○○ sold the instant program and game equipment, shall be deemed to have entered into a contract with the applicant company regularly. However, in cases where it is discovered that ○○○ was additionally sold other than the foregoing store, this agreement becomes null and void, and all responsibilities are borne by Nonparty 1 and Nonparty 2.

D. Meanwhile, the respondent purchased the program of this case from ○○○ around February 2004, which was after the agreement with the applicant company and ○○○○○○, and installed in his game room and operated it using it.

2. Summary of the applicant's assertion

○○○○ uses the applicant company’s trade secrets related to the instant program and sells the instant program 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 business by using the instant program purchased from ○○○○○ without the applicant company’s consent and the game equipment listed in the attached Table 1, and infringes the applicant company’s program copyright by using the game equipment as well as the applicant company’s business without the applicant company’s consent, and at the same time, infringes the applicant company’s business right by acquiring or using the

3. Determination

With respect to the necessity of preservation, provisional disposition which determines the status of a public 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 the present significant damage or to preserve the current legal relationship until the confirmation of the lawsuit on the merits is made. Whether such provisional disposition is necessary or not shall be determined for the purpose of the court's discretion in consideration of the relationship between the parties' interests and interests according to the acceptance of the application on the provisional disposition, and all other circumstances. The loss suffered by the applicant company by selling the game equipment listed in the program of this case and the attached Table 1 to the respondent without permission of the respondent is equivalent to the sale price which the applicant company could have obtained if the applicant company directly sold the game machine of this case and the game equipment listed in the attached Table 1. It is difficult to find that the respondent could not use the game equipment listed in the attached Table 1 list which the respondent currently uses for business and thus the respondent could not be seen to have suffered considerable loss if the applicant submitted all the data and the applicant could not be seen to have suffered any loss before the original decision.

4. Conclusion

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

Judges Kim Jong-tae (Presiding Judge)