손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company that carries on the business of providing meals on commission of the company, the hospital, etc.
B. Defendant B joined the Plaintiff and served as a general management director on October 2016, and retired from the office on August 21, 2017. Defendant C was employed on November 14, 2016 and retired from the office of management director around June 30, 2017.
C. From February 1, 2015, Defendant B registered its business with the trade name “D” to conduct group meal service business and operated the said business.
Defendant B prepared the Plaintiff’s letter of company D’s letter of company recommendation and the letter of company operation for a period of time employed by the Plaintiff, stated similar contents in the Plaintiff’s letter of company recommendation, and used food photographs as stated in the Plaintiff’s letter of company recommendation.
around July 31, 2017, Defendant B distributed approximately fifty (50) copies of the letter of introduction of Company D produced as above at the Assembly of the E Association.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 29, Eul evidence Nos. 3 and 5, the purport of the whole pleadings
2. The plaintiff's assertion
A. Compensation for and prohibition of infringement of trade secrets (see, e.g., Supreme Court Decision 201Da15580, Apr. 17, 2018) is based on the Plaintiff’s error of implementation and research and development for 16 years, and thus, constitutes trade secrets. The Defendants conspired to use trade secrets and photographic works, such as food, New cafeteria, restaurant placement and distribution methods, various events, etc., in the Plaintiff’s company recommendation letter and the written proposal for the operation of the same e.g., the Defendant inflicted damages on the Plaintiff by discharging them externally. 2) Article 14-2 of the former Unfair Competition Prevention and Trade Secret Protection Act (amended by Act No. 15580, Apr. 17, 2018; hereinafter “former Unfair Competition Prevention Act”) stipulates that the amount of profits gained by infringement of trade secrets should be presumed
Defendant B.