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(영문) 서울중앙지방법원 2020.11.26 2019가합584225

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established on August 26, 201 with the main business purpose of manufacturing and selling functional shoes, etc.

On January 1, 2013, the Defendant concluded an employment contract that includes the following contents with the Plaintiff and retired from office on September 10, 2019.

The plaintiff and the defendant agree to conclude a labor contract and to perform it in good faith as follows:

1. The Plaintiff and the Defendant conclude a renewal contract between January 1, 2013 and December 31, 2013) one month prior to the expiration of the contract.

Provided, That if there is no notification to the other party one month prior to such notification, this contract shall be deemed to have been automatically extended for one year.

8.The statement of benefits to maintain confidential information shall maintain absolute secrecy, and shall bear all disadvantages that result in the breach.

9. The contract shall be terminated if it causes damage to the company, or is in bad faith or error during the termination of the contract;

B. The Defendant submitted to the Plaintiff a confidentiality clause of the phrase “I, upon resignation, fulfill their responsibilities and obligations by the time of the final resignation, will not disclose or divulge all the matters of the Company for the third party, and will not use them absolutely.”

C. After the Defendant retired the Plaintiff, the Defendant entered Nonparty C’s “D” (personal business entities or convenience) that produced and supplied the new shoes to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion has been produced and supplied by other companies with the orders of nurses, and sold through hospital and online shopping mall.

The defendant set aside the plaintiff who worked for about eight years, left his job to D who supplied the nurse services to the plaintiff, and then left his job.