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(영문) 서울중앙지방법원 2015.09.23 2014가합575257

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who operates businesses, such as production of a prototype (i.e., sampling and timbering business, Maock-up, and product design evaluation, with the trade name of “E,” and the Defendants are employees who were enrolled in the above E and were retired.

B. On February 21, 2008, the Plaintiff received a written pledge from Defendant C, and from Defendant D on August 27, 201, stating the duty of confidentiality and prohibition of competition after retirement as follows: < Amended by Act No. 11014, Aug. 27, 2011>

(hereinafter referred to as “instant agreement”). Article 1 (Purpose of Contract) (Purpose of Contract) of the Agreement must be maintained security and carried out by B (Defendant C, D, hereinafter the same shall apply) for the benefit of the Company.

Article 2 (Terms and Conditions of Contracts) A shall perform this Agreement in good faith, maintain confidentiality, and maintain security.

Provided, That in the case of retirement, all enterprises shall be thoroughly transferred to the other business members, and they shall be subject to criminal liability in transactions with the Japanese customer of Gap (the plaintiff, hereinafter the same shall apply) within three years after the retirement.

Provided, That the case of resignation due to Party A’s recommendation or unilateral contract amendment shall be excluded.

Article 3 (Period of Contract) shall be from the time of retirement to the time of retirement.

Article 4 (Indemnification) A shall compensate for all damages arising from the non-performance of this Agreement.

1. reimburse three times the amount paid during the period of service;

2.The amount paid shall be fully compensated when claiming mental compensation.

C. Defendant B entered on May 1, 2008 and went to work as a field manager of E on July 30, 201. Defendant C entered on April 2, 2007 and retired on September 30, 201. Defendant C retired from the office on September 30, 201. Defendant D entered on September 14, 2009 and retired from the office on April 30, 201.

(However, Defendant D retired on December 31, 2012 and was treated as having served again in F Co., Ltd. established by the Plaintiff on December 1, 2013).

Defendant B and C shall be a prototype (shaped) around August 16, 201.