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(영문) 서울남부지방법원 2018.07.20 2016가합112236

손해배상(기)

Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of publishing printed materials, etc. and engaged in the business of producing and delivering printed materials, such as school textbooks, to high schools in Gyeonggi-do. Defendant B is a person who retired on April 23, 2015 while serving as the business team leader of the Plaintiff’s business division. Defendant C and D are those who retired on April 30, 2015 while engaging in business of designing printed materials, ordering orders, etc. in the F operated by the Plaintiff E, which was the representative of the Plaintiff.

B. On May 1, 2015, the Plaintiff and F’s change E transferred the management rights of the Plaintiff Company and F to G for KRW 150 million, and from that time, G had managing the Plaintiff Company and F.

C. On May 2, 2015, Defendant B, including the operation of the same kind of company after the retirement of Defendant B, registered his/her business with the trade name “J” as of May 2, 2015 and, thereafter, made a design and supply of printed materials to high schools within Gyeonggi-do.

Defendant C and D, at the request of Defendant B, completed the design work on the production of printed materials ordered by the middle school in Gyeonggi-do.

G including the progress of related criminal cases filed a complaint against the Defendants on charges of special larceny, interference with business, occupational breach of trust, and violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "Unfair Competition Prevention Act"), and the prosecution issued a disposition not to prosecute the Defendants on August 30, 2017 for the following reasons (defluence of evidence).

Therefore, the Plaintiff appealed to the Seoul High Prosecutor's Office, but the appeal was dismissed on March 23, 2018. The Plaintiff again filed an application for adjudication with Seoul High Court 2018 Seocho Jae-1871, but the above court dismissed the application for adjudication on May 18, 2018.

Defendants of special larceny in collusion with each other on April 2015 shall be the complainant in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, and L (G).