대여금
1. All appeals filed by the Defendant and the Plaintiff (Counterclaim Plaintiff) against the principal lawsuit and the counterclaim by the Defendant (Counterclaim Plaintiff).
1. The reasoning of the judgment of the court of first instance is as follows, with the exception of adding "A while the plaintiff and defendant B have engaged in monetary transactions from June 10, 2010" in the second and third parallels of the judgment of the court of first instance, and "a case under the third and fifth parallels" in the third and fifth parallels of the judgment," and "a case between the plaintiff and defendant B prepares the above loan certificate and adjusts the monetary transactions between the plaintiff and the defendant B on or around April 11, 2014, and it is reasonable for the plaintiff to lend 350,000,000 won according to the above loan certificate to the defendant B, and the defendant C is deemed to have jointly and severally guaranteed the above loan certificate." Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(2) Defendant C asserts that the first instance court did not recognize Defendant C’s assertion that the Plaintiff caused considerable damage to Defendant C by infringing the Plaintiff’s trade secrets after the Plaintiff’s retirement, deducting the franchise store and customer information, and using it for the Plaintiff’s business activities. However, even if Defendant C bears witness D’s testimony on each of the entries of evidence Nos. 1 through 6 submitted by Defendant C at the first instance court, the above evidence alone is insufficient to recognize that the Plaintiff committed an act of infringing on trade secrets under the Unfair Competition Prevention and Trade Secret Protection Act, such as taking away the Plaintiff’s franchise and transaction place information, using it for the Plaintiff’s business activities, etc., and there is no other evidence to acknowledge this otherwise, the first instance court did not err in its judgment as alleged in the grounds for appeal). 2. Accordingly, the Plaintiff’s claim against the Defendants of Defendant C’s counterclaim should be accepted in the grounds for appeal, and the counterclaim claim by Defendant C
The judgment of the court of first instance is justifiable in its conclusion, and it is so decided as per Disposition by the assent of all participating Justices on the ground that the appeal by the Defendants against the principal lawsuit and the appeal against the counterclaim by Defendant C are without merit.