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(영문) 부산지방법원 2016.09.21 2013가합19345

손해배상(지)

Text

1. The Defendants shall sell, install, support, or enter into a supply contract with the computer program listed in the separate sheet.

Reasons

1. Basic facts

A. On October 6, 2003, the Plaintiff is a company established for the purpose of software development and Internet-related business, etc. (2) Defendant D, who was employed as the head of the Defendant C/Research Team as the Plaintiff’s business director, retired on March 14, 2013 and established Defendant B Co., Ltd. (hereinafter “Defendant”) for the purpose of software development business, sales business, etc. on March 14, 2013.

B. Around 2001, Defendant D joined G operated by F and participated in the development of the program. Meanwhile, F around 2002, on behalf of G, Inc. (hereinafter “H”).

A) Around December 2002, Defendant D et al. established and operated I as well as Defendant D et al., who had worked as the operating personnel of the Plaintiff, and thereafter established the Plaintiff. 2) H sold the “J program” (which completed the registration of a program work on September 6, 2001 in the F’s “J” language, and operated the business of repairing and managing the program. Defendant D was in charge of assisting K, who was in charge of the management of the said program, and was in charge of the maintenance and management of the said program after K retired.

3) After the closure of H and the establishment of I in 2003, Defendant D performed the duties of repair and management of existing members using the “J” program, as well as the duties of developing a new drug management program that is operated in connection with the database using the program language, and developed a “L” program as a new program. 4) The Plaintiff completed the registration of the program on May 5, 2004, which was established after the establishment of the Plaintiff, and thereafter Defendant D operated the “L” program.