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(영문) 대전고등법원 2017.06.16 2014나14182

영업비밀침해금지 등

Text

1. The plaintiff's appeal and the claims extended by this court and the additional preliminary claims are all dismissed.

2...

Reasons

1. Basic facts

A. The relationship between the parties 1) The Plaintiff is a company that produces and sells optical fibres and optical elements. 2) Defendant C entered the Plaintiff company on February 1, 2003 and served as the manufacturer automation equipment (OPto-Mechem; hereinafter “OMAS”) development and production team leader, who retired on March 31, 2011.

On December 1, 2006, Defendant D joined the Plaintiff Company and served as an employee in the development and production of the OMAS. On March 31, 201, Defendant D retired on December 1, 2009, and Defendant E was employed as an employee in charge of the OMAS and retired on March 31, 2011.

3) On March 2, 2011, immediately before the retirement of the Plaintiff Company, Defendant C is for the development, production, etc. of the OMAS (hereinafter “Defendant Company”).

From that time, Defendant D and E had been employed as the representative director of the Defendant Company from the Plaintiff Company. (2) around November 2006, the Plaintiff Company established the Plaintiff Company’s G and H development and the Defendants’ confidentiality note 1) and the Plaintiff Company instructed the development of the said equipment to Defendant C, the team leader of the OMAS team, upon request of the production and supply of equipment measuring the luminous characteristics of the chips, the luminous and optical fibres automatically displayed the luminous chip automatic chip system and the test system optical telecommunication components from the Vatop, Inc. to the luminous wave, which are key factors in the production of optical telecommunications components, and developed the luminous chip and the luminous chip-MM-Hach. The Defendant Company ordered the development of the said equipment, referring to the same kind of product previously sold.

Plaintiff

Since the company manufactured it and delivered it to the Frannasium, it has produced and sold G and H equipment up to now.

2. Defendant C and D promised on March 2, 201, which was around the time of retirement from the Plaintiff Company, to maintain confidentiality with respect to “trade secrets regardingG and H equipment.”