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(영문) 서울남부지방법원 2017.02.07 2015고단5308

부정경쟁방지및영업비밀보호에관한법률위반등

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Defendants are not guilty.

Reasons

1. The facts charged against Defendant A is the honorary chairperson of the EF Co., Ltd. located in Gwangju City (hereinafter “F”), who actually exercises overall control over its management, and Defendant B is the weather representative director, such as F.

The Defendants revealed that the Defendant 1 Co., Ltd. (hereinafter “victim”) located in Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, which Defendant A’s wife G (hereinafter “Defendant 1”) was awarded a bid for the “closed electricity car” of the Korea Railroad Corporation, sold scrap metal, such as Aluminum, after decomposition, and analyzed the cost when the pulmonary electricity is dismantled from the injured party, and the cost necessary for the decomposition of the pulmonary electricity car, including the data analyzing the cost when the pulmonary electricity is dismantled, and the profits received when the pulmonary scrap was sold after decomposition, and it constitutes an important confidential business information in the participation in the tender, and the expected bid price can be grasped.

Reference to the data, F, operated by the Defendants, was able to receive a successful bid for the waste electricity of the Korean Railroad.

When the Defendants continue to receive a successful bid for the waste electric vehicles in the name of F, they shall deduct the business secrets.

The J Co., Ltd. (hereinafter referred to as “J”) had the J Co., Ltd. participate in the closed electric vehicle bidding, and the J planned to re-purchase the closed electric vehicle after receiving the successful bid.

Accordingly, for the purpose of obtaining unjust profits, the Defendants: (a) obtained and used data on cost analysis of the cost analysis of the closed electricity train bid and the written data on expected bid A; and (b) had J participate in the bidding of the closed electricity train in Korea; and (c) conspired to receive the above closed electricity vehicle in preference to the victim company in preference to the victim company.

A. Any person who violates the Unfair Competition Prevention and Trade Secret Protection Act shall make unfair profits.