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(영문) 서울고등법원 2017.11.09 2017나2003893

영업비밀침해금지 및 손해배상 청구의 소

Text

1. The judgment of the first instance, including any claims modified and added by this court, shall be modified as follows:

Defendant.

Reasons

1. Basic facts

A. The Plaintiff is a domestic company established on January 12, 201 for the purpose of importing, purchasing, and selling environmental response type devices, and research, development, and selling of health food and beverages. 2) Defendant A is a domestic company established on May 30, 2005 for the purpose of manufacturing carbon, incineration, and incineration melting systems for waste treatment, and hydrogen gas generators, and Defendant E is its representative director. b) Defendant B is a domestic company established on October 8, 2001 for the purpose of manufacturing and selling products related to E E sye system, hye system, and hye system. Defendant D is its representative director.

C) Defendant C is an actual operator of Defendant A and B, who is an auditor of Defendant B. D) Defendant F is an individual entrepreneur operating a mutual intent company G.

E) Meanwhile, Defendant D is the birth of Defendant C, and Defendant E is the wife of Defendant C. B. On March 18, 2014, the Plaintiff entered into a transaction agreement between the Plaintiff and the Defendant on the transaction agreement and the confidentiality agreement 1) between the Plaintiff and the Defendant A on March 18, 2014, between the Plaintiff and the Defendant A, under which the Plaintiff purchased a high concentration server key manufactured by Defendant A from Defendant A, and entered into a transaction agreement between the Plaintiff and the Defendant on the title called “basic transaction agreement” (hereinafter “instant transaction agreement”) with the content of selling it in the Republic of Korea and abroad, and its main contents are as follows.

Article 1 (Purpose) of the Basic Contract for Sale and Purchase (Purpose) This Agreement sets forth matters concerning the sale of the high concentration hydrogen server key to the Party A in order for Party A (Defendant A) to manufacture the high concentration hydrogen server, and for Party A (Plaintiff) to sell it in the Republic of Korea and Japan.

Article 2 (Terms and Conditions of Contract for Sale) The name, type, number, quantity, unit price, delivery terms, the time limit and method of payment for the goods to be traded shall be determined by separate estimates or orders, and the terms and conditions shall be subject to this Agreement.