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(영문) 인천지방법원부천지원 2015.01.16 2014가합4582

영업비밀침해금지등

Text

1. The defendant,

(a) Appendix 1. Attached hereto 2. Drawings and explanatory notes using trade secrets listed in Schedule 1.

Reasons

1. Basic facts

A. The Plaintiff was established for the purpose of the development of the Plaintiff’s products, the designation of the defense industry company, and the enactment of national defense standards, etc. around March 1979, and obtained approval from the Republic of Korea on April 2003 for the company’s self-development plan for the company’s short-term night speculation at night around the short port and around December 2004. The Plaintiff participated in the development of the short-term night speculation at night (hereinafter “Plaintiff’s products”), which was developed by the Plaintiff, around December 2004.

2) In this process, the Plaintiff acquired each patent from the parts of the said Plaintiff’s product to “Tewren assembly” and “ circuit card assembly,” respectively. (2) On December 21, 2004, the Republic of Korea designated the Gewn PV as a defense material and ordered the equipment as “PVS-04K” on the basis of the guidelines for allocating munitions names and model numbers.

On December 31, 2004, the Republic of Korea enacted the specifications of the Plaintiff’s product as national defense standards (standard KS 5855-4003). As above, the so-called “performance-type standards” was enacted to the effect that the Plaintiff may replace the parts that the Plaintiff acquired the patent with parts having equal or higher performance, and the remainder of the parts, other than this, was not possible to replace the above.

On January 20, 2005, Korea designated the Plaintiff as a defense industry enterprise for the aforementioned PVS-04K products.

B. From September 1, 200 to April 201, 1 B, including the manufacture of the Defendant’s product and the designation of an additional defense contractor, served as the Plaintiff’s C Team staff from September 1, 2000 to April 201, the Plaintiff was retired, and the Plaintiff was in possession of approximately 180 copies of the design drawing of the Plaintiff’s product, working standards, various parts, and finished products

B around August 2012, upon D’s request, the Defendant, who is an employee of the Defendant, provided approximately approximately 180 heads of the above design drawings and various parts and finished products, and the Defendant who is located in the Defendant’s head office around October 2012.