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(영문) 서울고등법원 2017.07.06 2015나9945

영업비밀 침해 금지 및 손해배상 등

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1. Of the judgment of the court of first instance, the part against the plaintiff falling under each of the following sub-paragraph (2).

Reasons

. On May 11, 2010, a confidentiality agreement was concluded with L company. Accordingly, as the technology information of the instant case was lawfully provided by L company and the development of L company was completed, it did not use the instant technological information.

[Judgment] Considering the overall purport of the arguments in the process of developing S fireproofs as follows: (a) 52, 53, 58, 177, 179, 182 through 198, 198, 198, 200 through 208, 210 through 214, 217, and 225 through 228, the Defendants began to design the PC (Prined Circle, printed circuit board) circuit’s basic design; (b) model of product size; (c) model of the product; (d) sample of the product; and (e) sample of the engineering sample; and (e) undergo various manufacturing processes, such as products produced prior to production; and (e) obtained approval from the Defendant Company and the Company from the Defendant Company after obtaining approval therefor.

On May 11, 2010, the confidentiality agreement * (A) LA contains a personal data system, as well as a person who owns specified confidential information (as described in this Convention) and exclusive know-how, transaction information, data, design, official material, technology, financing, business and other commercial information (in writing, orally or electronically) with respect to LA technology and product plans.

(B) CV is an owner of specified confidential information with respect to the Human Art System, exclusive know-how, transaction information, data, design, formula, material, technology, financing, business and other commercial information (in writing, orally or in electronic form).

(C) All of the above confidential information shall be treated as confidential, confidential, and valuable assets.

(D)Each company shall, without mutual disclosure, exchange specified confidential information according to the terms and conditions appearing here and the terms and conditions (as shown in this Convention) and shall be used for other purposes.