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(영문) 서울중앙지방법원 2019.02.13 2017가합552163

전직금지 등 청구의 소

Text

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

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

Reasons

Basic Facts

A. The Plaintiff is a company with the purpose of disinfection services for environmental sanitation.

On April 4, 2016, Defendant B entered the Plaintiff and worked as the head of the Chungcheong branch office, taking overall charge of the business and operation of the Chungcheong branch office, and retired on March 23, 2017.

On January 12, 2015, Defendant C joined the Plaintiff and worked as the team leader of the Chungcheong branch, and was in charge of interim manager and on-site services at the Chungcheong branch, and retired on March 31, 2017.

On March 7, 2016, Defendant D joined the Plaintiff and worked as a member of the Chungcheong branch office, and retired on March 7, 2017.

B. At the time of joining the Plaintiff (Defendant B, Defendant C, January 12, 2015, and Defendant D, March 7, 2016), each of the pledges was made (hereinafter “each of the instant pledges”). The Defendants submitted to the Plaintiff each of the instant pledges, thereby providing the Defendants and the Plaintiff with the agreement prohibiting the transfer of a job entered into between the Defendants and the Plaintiff, as follows.

3. I swear that even after retirement of any know-how related to trade secrets, service technologies, and all information related to the Plaintiff, which they have come to know at the time of their employment, will not divulge without permission to a third party without permission of the Plaintiff and the Plaintiff’s customer.

I recognize that if the principal violates this, it infringes on the plaintiff's trade secrets.

The competition company here refers to the company E, G, H, I, J, K, L, and its affiliate companies or related companies.

4. He/she does not re-employment a competitor or a business providing similar services from the date of his/her retirement without the Plaintiff’s approval for a period of three years after his/her retirement or engage in legal activities related to the Plaintiff, such as attendance of witnesses of start-up, advisory, consulting and legal proceedings, recording of testimony, submission of written statements, etc.