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(영문) 서울고등법원 2019.07.18 2016나8574

영업비밀 침해금지 등

Text

1. The judgment of the first instance, including a claim that has been changed in exchange in this court, shall be modified as follows:

Reasons

1. Basic facts

A. Plaintiff 1) The Plaintiff engaged in software development and sales business, such as the tax accounting program, is a company established by F, etc., which established the Z around December 1995 as a separate corporation around December 1995 (the change of trade name to H, Inc.) and that is a company merged with F, Inc. (hereinafter referred to as “company name”) around November 2009.

(2) Around December 1999, the Plaintiff sent “L1”, a tax accounting program. Around July 2003, the Plaintiff sent “L2” based on L1. Around December 2006, the Plaintiff released “N”, a program of Ethath (ERP), and released “O” as a improvement model of L2 around June 2009.

(B) The plaintiff's above tax accounting program is named only in the name of the plaintiff.

Defendant E and D1) Defendant E are the companies established for the purpose of developing and supplying each software on August 29, 2010, and Defendant D is the companies established for the purpose of developing and supplying each software on November 29, 2010, and F is substantially involved in the management of the said Defendants (in case of a common name of the said Defendants, “Defendant Company” is referred to as “Defendant Company.”

(2) Around June 2010, Defendant E released the first distribution board of Q and R, a tax accounting program, and Defendant D’s acquisition of Q and R’s copyright and its development personnel, and then released the final distribution board around May 201, 201.

3) Defendant D suspended the supply of Q on July 5, 2012, supplied a tax accounting program called “S” and supplied a new server as “S2” around March 2013, and supplied R around August 2012, Defendant D continued to provide a new server as “S2” and continue to provide S and R’s trade s and supply (hereinafter referred to as “the Defendant Company’s aforementioned tax accounting program”) with its name.

(C) Defendant B and C1) moved from 1991 to H while working in the Z, and up to June 30, 2006.