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(영문) 대전지방법원 2021.01.14 2018가합105075

약정금

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Defendant B, Defendant C, Defendant C, and each of the said money, from October 7, 2020 to January 2021, 2021.

Reasons

1. Basic facts

A. The Plaintiff is an executor of a new construction and sale business (hereinafter “instant business”) of a building in Sejong Special Self-Governing City D block (hereinafter “instant building”).

B. On August 24, 2015, the Plaintiff entered into an agency contract for the sale of the instant project with E (hereinafter referred to as “stock company” in the name of the company), and E entered into a contract for the sale of goods on the instant project with F, G, and H on January 28, 2016 (hereinafter collectively referred to as “the instant re-sale agency” in total with the companies that entered into the agency contract for the sale of goods on the instant project with E”). The Defendants were employees belonging to the instant re-sale agency (Defendant B: 1 headquarters 9 team chief, Defendant C: 1 headquarters 9 team chief, and Defendant C: 1 headquarters 9 team chief), and the two parts of the sales building of the instant building (hereinafter referred to as “instant work”).

(c)

On June 13 and 14, 2016, the Defendants drafted and submitted to the Plaintiff a business undertaking (a business undertaking note; hereinafter “business undertaking note”) related to the instant business.

The contents of the business undertaking pertaining to this case are as follows:

In carrying out the recruitment, etc. (hereinafter referred to as "business") between a business employee and the plaintiff, the business employee shall be prepared to comply with and promise to comply with the following matters:

2.The operating staff shall not engage in any activity referred to in the following subparagraphs:

(9) Where all the information and data acquired through the business of a company (such as information on sale in lots, sale rate, details of business, customer information, etc.) are divulged, provided, divulged, or used for any purpose other than business without consent of the company (hereafter referred to as "Leakage, etc." in total as prohibited in this paragraph) without consent of the company.

3. The Company shall, with respect to the implementation of the foregoing paragraph, request, orally or in writing, confirmation of the problem of its operating staff.