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(영문) 서울동부지방법원 2020.09.02 2019가합100705

손해배상(기) 등

Text

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

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company running an advertising agency business, etc., and Defendant B is from January 8, 2018 to the same year.

5. A person who was working until July 24, 201, and Defendant C was working for the Plaintiff from July 1, 2017 to August 7, 2018.

B. The Plaintiff received an account from the advertiser who requested the advertisement, and posted a key search advertisement on the portal site D, etc. using the said account. If the company operating the portal site, such as D, pays the profits from the advertisement to the advertiser, the Plaintiff again paid the remaining profits, excluding some of the profits that the advertiser received, and the Defendants were in charge of the above portal site search advertisement while working for the Plaintiff company.

C. At the time of retirement of the Plaintiff Company, the Defendants drafted each of the confidentiality pledges (hereinafter “each of the instant pledges”) with the content that “the company’s trade secrets, etc. which came to know in connection with the company’s business are not leaked to the outside, and will not leave the same industry within two years after retirement.”

Defendant B conducted an advertising agency business with the trade name “E” after retirement from the Plaintiff Company.

E. The Plaintiff’s representative asserts that the Defendants filed a criminal charge of occupational breach of trust against the Defendants by asserting that the Defendants had suffered property damage by arbitrarily transferring the accounts granted from the advertiser to another advertising company, etc. so that the Plaintiff could no longer generate the Plaintiff’s advertising profit. However, each of the charges against the Defendants was issued on February 8, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 4, Eul evidence 4, Eul evidence 5, the purport of the whole pleadings

2. The assertion and judgment

A. Defendant B became aware of the Plaintiff’s assertion regarding the work of the Plaintiff Company.