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(영문) 울산지방법원 2015.12.23 2015가합21253

영업비밀침해행위금지청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion is developing ethyl ethyl which has the function of providing and controlling the voltage and air pressure of the public machinery through research and development and investment from around 2006 to 2 years.

However, after the retirement of A and B, who was an employee of the Plaintiff, employed the Defendant Company, and thereafter, the Defendant produced ethyl, such as the foregoing ethyl, produced by the Plaintiff.

This is because, at the time of the employment of the Plaintiff Company A and B in the past, the aforementioned detailed drawings (hereinafter “each of the instant drawings”) were obtained unlawfully, or the said drawings were acquired and used by the Defendant, leading the employees of modern ex officio.

Thus, A, B, or the defendant's acquisition of the above drawings, which are the plaintiff's ownership and trade secrets, constitutes a tort, and the defendant shall not use the above drawings to manufacture or sell them.

2. The plaintiff asserts the above facts on the premise that each of the drawings of this case constitutes the plaintiff's trade secret. The Republic of Korea determines the act of infringement of trade secret or trade secret under the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "Unfair Competition Prevention Act") for the protection of the holder of trade secret, freedom of occupation selection, sound trade order, etc., and grants the owner the right to prohibit infringement of trade secret and the right to claim damages against infringement. Thus, in this case, we examine whether each of the drawings of this case constitutes the plaintiff's trade secret under the Unfair Competition Prevention Act and the defendant'

A. The term "trade secret" under Article 2 subparagraph 2 of the Unfair Competition Prevention Act as to whether each of the drawings of the instant case is the Plaintiff's trade secret is not known publicly, and has an independent economic value, by considerable efforts.