손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a company established on November 9, 2016 to conduct food franchise business with the trade name “G”.
B. On July 7, 2017, the Plaintiff entered into a G franchise agreement with Defendant B (hereinafter “instant franchise agreement”). Defendant B operated “I” in Suwon-gu, Busan, from August 1, 2017 to November 30, 2017.
The provisions related to the instant contract (hereinafter “instant contract provisions”) are as follows.
Article 17 (Duty of Confidentiality) (1) A (hereinafter the same shall apply) may provide B (Defendant B; hereinafter the same shall apply) with various information and data necessary for business, and B shall not divulge trade secrets provided by A for any purpose to a third party even after the term of the contract or the termination of the contract.
(2) B shall also bear the responsibility for the management and supervision of the breach of duty under the preceding paragraph by the employee.
Article 18 (Duty of Prohibition of Competitive Practices) (1) No Party B shall operate the same type of business (including operation of other member stores, independent stores and franchisors) on an information disclosure statement in which trade secrets of Party A are infringed upon by itself or under the name of any third party during the duration of this contract without permission of Party A.
(2) B shall not perform any act infringing on trade secrets of A in violation of the Unfair Competition Prevention and Trade Secret Protection Act in the name of himself/herself or a third party without permission after the termination of the contract.
C. The Plaintiff filed a complaint under suspicion of violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention and Trade Secret Protection Act”), on the grounds that the Plaintiff used or leaked the structure, interior, equipment, and food and beverage cooking of the franchise store which constitutes the Plaintiff’s trade secret. However, on March 19, 2018, a non-prosecution decision was rendered on the charge of the above accusation.
[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1's each entry, the purport of the whole pleadings
2. The plaintiff's assertion
A. Defendant.