beta
(영문) 수원지방법원여주지원 2020.09.09 2020가합147

영업금지 등

Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Facts of recognition

Around March 2006, the Plaintiff was established and operated a mixed feed sales company against livestock farmers in the region under the jurisdiction of the Plaintiff. On March 1, 2008, the Defendant entered the Plaintiff Company and was engaged in sales activities to secure new trading lines and in sales activities to secure new trading lines, and the Defendant’s business for maintaining sales to customers in charge of the Defendant, and retired from the business division on April 30, 2019.

On April 30, 2016, the Defendant, while in office at the Plaintiff Company, prepared and delivered “the Plaintiff’s business losses and defamations due to the Plaintiff’s release of internal information obtained during the period of service” to the effect that “I will also be subject to legal disposition.”

In addition, on January 31, 2017, the Defendant: (a) prepared an annual salary contract with the Plaintiff stating that “A person who retired from the company will prepare in writing a written transfer of business affairs and complete the transfer of business affairs (documents files, confirmation of the transfer of business affairs, etc.) with his successor; and (b) prepared and issued to the Plaintiff on the same day, a written pledge stating that “if a person is engaged in a business which has a significant impact on the company’s business, he will not be transferred to the same company or competitor within one year after his retirement.”

[Reasons for Recognition] Facts without dispute, Gap evidence 4 (including a provisional number), and the purport of the entire argument is asserted by the plaintiff, the plaintiff uses "C", which is an accounting management program, for the purpose of maintaining confidentiality of the plaintiff's business-related information, such as customer's credit, terms and conditions of transaction, unit price for each item used, methods and scale of payment of incentives based on the product use performance to the customer.

C is established and operated separately for the four computers of the accounting department according to the operational purpose, and all of them are installed and operated.