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(영문) 서울중앙지방법원 2016.05.11 2013가합46677

영업비밀 침해금지 등

Text

1. Attached Form 2, among the claims for suspension and destruction of infringement caused by copyright infringement of the lawsuit of this case (Paragraph 2).

Reasons

1. Facts of recognition;

A. On or around December 1995, G Co., Ltd. established for the purpose of software development, sale, etc. by Plaintiff Company F, etc., changed its trade name to H on or around March 2000. On or around June 2003, NAP, Inc., Ltd., was established by dividing into H from around June 2003.

At around 2004, I established the JJ for the purpose of acquiring F's shares, the largest shareholder of H, and the business of the tax accounting program.

At around March 2006, I acquired K, a listed company, through J, and changed the trade name of the above company to A, a trade name as of the Plaintiff company.

A, H, and I became the current Plaintiff Company after a merger around November 2009, and the Plaintiff Company merged J around December 2014.

(hereinafter referred to as “Plaintiff Company”). (b) Unless otherwise mentioned, the Company does not distinguish between H and I companies prior to the said merger, including H, I, and hereinafter “Plaintiff Company”).

Plaintiff

From around 1997, the Plaintiff Company commenced the development of the tax accounting program and released L1 around December 1999. From January 2003 to June 2004, the Plaintiff Company commenced the development of L1 based on L 1 and released L2 around June 2004. From May 2005, the Plaintiff Company started the development from around December 2006, the ERP program based on the company-based M, which is the company resource management program for small and medium enterprises.

Since then, as a new PC operating system is coming and L 2's database storage system occurs, the plaintiff company commenced the improvement model development of L 2 and released O around June 2009.

C. From October 1, 1991 to June 30, 2006, Defendant B held office in the Plaintiff Company (former H prior to the merger) and served as the head of the Technical Research Institute, etc., and was in charge of the development of data gym (attached Form 1 List 1) commonly used for the Plaintiff’s tax accounting program.

Defendant C, while serving in the Plaintiff Company from October 1, 1991 to November 30, 2009, is commonly used for the Plaintiff’s tax accounting program.