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(영문) 수원지방법원안양지원 2017.12.01 2016가단111704

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 company producing UVton film, etc., and the Defendant was in charge of the production work from June 2006 to December 19, 2014 while working for the Plaintiff company.

B. On December 18, 2014, the Plaintiff concluded a confidentiality agreement with the following content prior to the Defendant’s retirement (hereinafter “instant agreement”).

Article 2 (Scope of Trade Secrets)

1. Information on research and development, such as a research and development plan, report and publication of products, experimental data, and data on analysis of research outcomes;

2. Technical information, such as design methods, design drawings, manufacturing processes, manufacturing equipment, and computer programs related to manufacturing of products;

3. Business information, including personnel affairs, organization, and methods of financial management.

4.Article 3 (Prohibition of Disclosure and Disclosure) A (Defendant) of the Technology, Business or Business Information, which is not known to the public among the information A and has independent economic value, and has been maintained in secret by considerable effort, shall not disclose or divulge to any third party inside or outside the Company, except where the trade secret under this Agreement is used for designated duties or the prior written consent of the Company is obtained.

Article 5 (Prohibition of Illegal Use) B shall not use trade secrets under this Agreement for the purpose of obtaining unjust profits or causing damage to A.

Article 9 (Prohibition of Change of Position) B shall not be engaged in the same kind of work related to the matters to which A's trade secrets belong for three years after the termination of the employment contract relationship with A (Plaintiff) due to resignation, dismissal, or any other reason.

C. The Defendant established a company with the trade name B around March 3, 2015 and produces and sells sponsor cases using UVton film. D.

The plaintiff stolen the gold model and drawings for the production of UVton film, which is the plaintiff's trade secret, and in violation of the agreement of this case, the plaintiff used the above UVton film production technology, and the same as the plaintiff.