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(영문) 서울중앙지방법원 2017.10.12 2016가단5043240

손해배상(기)

Text

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

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The purpose of the Plaintiff is to provide software advisory and consulting services, software development and supply business, Internet-related solution development and sales business, etc., as a company established around December 2, 2009, and Defendant B, a joint representative director of Defendant C and D on December 2, 2015, is to develop and operate software, provide advice, supply, import and sales business, and information and communications service business.

B) On December 2, 2009, Defendant C joined the Plaintiff and was in the position of an expression director who exercises overall control over one team and maintenance and repair team as the head of the development department. On September 11, 2015, Defendant C retired from the Plaintiff, but was registered as the auditor of the Plaintiff on December 31, 2015. Furthermore, Defendant D also became in the position of “director” as the head of the development department, who is in the position of 2 team, 3 team and development team as the head of the expression director in charge of overall management over the two team, 3 team and development team and left the Plaintiff on November 30, 2015. Defendant E also was in the position of the head of the maintenance and repair team who was employed in the Plaintiff on December 2, 2015 and retired from the Plaintiff on December 30, 2015, including the aforementioned contents of the Plaintiff C’s confidentiality.

2. He takes an oath that he will not unlawfully use or take out the company's cadastral or physical property, known to or owned by him, without the consent of the company.

3. He, while in office and even after retirement, assumes that he will not act for himself or use for a competitor or for a third party, such as transferring his position or operating a business with a competitor's trade secret.

2) The part related to the establishment of Defendant C, D, and E is about Defendant C, D, and E’s purpose and scope of business with the Plaintiff Company from September to November 2015.