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(영문) 서울고등법원 2016.12.01 2016나4190

영업비밀침해금지 등

Text

1. The judgment of the court of first instance is modified as follows.

The Defendants jointly do so to the Plaintiff and KRW 1,100,000,000.

Reasons

1. The grounds for the court’s explanation concerning this case, such as accepting the judgment of the court of first instance, are the same as the reasoning of the judgment of the court of first instance, except for the modification of the pertinent part of the judgment of the court of first instance as stated in the following 2. Thus, it shall be cited as it is

2. Revised parts

(a) From the 6th 12th 12th to the 13th 13th “Co-rating column”, the following modifications are made: AW-1000, AW-2000, AW-3000, AW-3000, AW-3000 (the 5th 5th 2nd hereinafter collectively referred to as the “Defendant Company’s major products”) and AX-1500, AX-3200, AX-3300, and AW-310, a rubber-type semiconductor-type semiconductor-type semiconductor-type golding agents (the 5th 5th 2nd hereinafter collectively referred to as the “Defendant Company’s other products”).

B. From 12th to 13th 14th “C” of the 7th 12th 12th am the following: (a) Defendant C was convicted of occupational breach of trust and violation of the Unfair Competition Prevention Act; and (b) Defendant F was convicted on July 21, 2016 of the Unfair Competition Prevention Act (Cheongju District Court 2012 high-class2474), but the appeal is pending in the appellate court as Cheongju District Court 2016No909.

C. The following three acts are modified to “2. Determination as to Defendants’ infringement of trade secrets and tort”:

(d) When comprehensively considering the following circumstances and facts that may be acknowledged in Gap evidence 17, Eul evidence 2, 4, 8, 9, 10, 16, 17, 18, 44 through 52, 56, 58, 59, and 59, up to the last parallel of the two parallels below:

E. As follows, the revised Plaintiff’s 10th 8 line “Plaintiff” specifies “the composite ratio as a whole” as trade secret, and thus, as the weak in CMB Carbon Maras Batch on the basis of the name of the specific product named by the Plaintiff, he/she is a rubber prior to the production of the final rubber products, such as typ, typ, steel, steel, reinforcement.