beta
(영문) 대전지방법원 2017.01.25 2015가합106602

손해배상(기)

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. Basic facts

A. The Plaintiff is a stock company established for the purpose of advisory business on computer facilities.

Defendant A served in the Daejeon Branch on October 1, 199, and resigned on March 31, 2015. Defendant B, at the Daejeon Branch on November 1, 2006, retired on March 27, 2015.

B. The Plaintiff entered into a contract for maintenance and repair of a computer system with Daejeon and 48 community credit cooperatives located in the attached list (hereinafter “instant community credit cooperatives”). The Defendants, as an employee of the Plaintiff, was in charge of the maintenance and repair of the computer system of the instant community credit cooperatives.

C. Around March 2015, the instant community credit cooperatives sent a letter to the Plaintiff that the instant community credit cooperatives and the Plaintiff terminate the computerized repair contract as of March 31, 2015, depending on the circumstances of each credit cooperative.

Since April 2015, the instant community credit cooperatives concluded a contract for the maintenance and repair of computer devices with the Occomex Co., Ltd. (hereinafter “Occomex”).

After the termination of labor relations with the Plaintiff, the Defendants were engaged in the maintenance and repair of the computerized devices of the instant community credit cooperatives upon the request of the Plaintiff and the instant community credit cooperatives.

On September 1, 2015, the Defendants entered the Compact.

[Ground of recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 2, 5, and 13, defendant B's personal examination result, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendants, while working in the Daejeon Branch, divulged the Plaintiff’s trade secrets or major assets, and the details of the renewal of the contract with the customer, who is a competitor, to Occomex.

In addition, around the end of 2014, the Defendants concealed the documents of re-contract between the Plaintiff and the instant community credit cooperatives without providing them to the Plaintiff. The documents pertaining to the termination of the contract for the maintenance and repair of the computerized devices with the Plaintiff to the instant community credit cooperatives.