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(영문) 서울중앙지방법원 2016.10.13 2016가합507333

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On January 1, 2003, the Plaintiff is a company established for the purpose of making Liberia, bags, clothing accessories, and golding business.

C and D, the representative director of the plaintiff, were registered as a business operator on November 7, 2013, but it seems that C and D had been operated before April 201, considering the defendant's membership date.

Establishment of B and up to now, the main business is the production of Handbags using tools.

The defendant shall enter into E on April 18, 201 and work as the head of the overseas business division.

September 5, 2015.

In the trade name of “F” after withdrawal from E, the Defendant completed the parts of the handbag, such as Handbafers, in the same manner as “F,” and supplies them to the business partners, such as “G,” an Indonesian company.

The Plaintiff filed a complaint against the Defendant for a violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage of permanent secrets, etc.) and an occupational breach of trust on the ground that “the Defendant had operated a business against “G” by cutting off the side material of “G”, which was the Plaintiff’s main business partner, and the customer information.” However, the Prosecutor issued a non-prosecution disposition on May 31, 2015, against which there was no suspicion of the accusation (defluence of evidence).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 1 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. The defendant's act of claiming the plaintiff constitutes multiple illegal acts as follows. Accordingly, the plaintiff suffered property damage exceeding KRW 250 million.

The compensation of KRW 2100,000 shall be claimed as part of the damages.

The defendant infringing trade secrets shall establish a company as a person who has been solely in charge of the business of hosting and contract progress with the plaintiff and E, and shall retire from the company. After the plaintiff's trade secrets, the plaintiff shall use the above specific date for fourth pleading ( August 23, 2016) of the information on the details of goods to be purchased by G and the personal information of G personnel.