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(영문) 서울고등법원 2017.12.14 2017나2049516

손해배상(기)

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order for payment shall be revoked.

Reasons

Basic Facts

As a stock company established on December 16, 2013, the Plaintiff is a company that operates online job information and job offering and job seeking advertising agency business through the Internet homepage (hereinafter “instant website”) under the name of “C,” and is a company that is established on December 16, 2013. The Defendant is a company director and employee of the Plaintiff, who is in charge of management and operation of the said website, and E is the representative director of the Plaintiff.

The defendant set aside from the plaintiff on March 16, 2016, connected to the manager's account of the homepage of this case and arbitrarily changed the password, and then changed the business operator's information, such as the business operator registration number, the advertisement fee deposit information, the customer center's telephone number information, etc. on the above website to the defendant's personal information.

On March 17, 2016, the Defendant requested the J (hereinafter referred to as the “J”), a controlled entity of the instant website, to reproduce all of the initiative data, such as the design of the instant website, platform structure, customer information, and settlement information data, and stored EX files with the Defendant’s c1,457 members of the instant website, which are downloaded on the Nohbuk and the outer hard disc used by the Defendant, and stored EX files with the Defendant, and on April 5, 2016, copied all the data, such as membership information and various image designs used for the formation and operation of the instant website (hereinafter referred to as “instant data”). From around April 2016, the Defendant opened a new account (K) website and operated job offer advertisements similar to the instant data. < Amended by Presidential Decree No. 27070, Apr. 5, 2016>

(C) On March 11, 2016, the Defendant directly operated the instant website from March 16, 2016, and was subject to the police investigation by the Plaintiff. On April 11, 2016, the instant website manager around 10:00 p.m.