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(영문) 수원지방법원안산지원 2015.04.30 2014가합20759
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company with the purpose of “import and export business of chemical drugs, manufacture, wholesale business, surface processing and sale business” etc. (hereinafter “Plaintiff company”).

Defendant D Co., Ltd. (hereinafter “Defendant D Co., Ltd”)’s purpose is “the manufacturing industry of electronic medicine, the manufacturing industry of metal surface treatment medicine, and the manufacturing of other powder drugs.”

(2) Defendant B served as the researcher of the Plaintiff Company from May 1, 2006 to March 31, 2013, and was in charge of the development, etc. of the process medicine used in the “Toeng Spanel” (hereinafter “instant process medicine”), and Defendant C served as an employee of the Plaintiff Company’s technical business division from February 6, 2012 to July 31, 2013.

B. The manufacturing process of the Plaintiff Company’s Trode Spanel Peel Pece Medicines is manufactured and sold by the Plaintiff Company. The production process varies depending on the supplier. The product characteristics review report in the development department, stating ingredients and mixing ratio, is first prepared and delivered to the production department responsible for the production department, the production department responsible for the production department, in a way that the person responsible for the production department issues a production instruction to the production team by encryptioning the raw material ingredients.

C. (1) The rules of employment of the Plaintiff Company provide that “an employee shall not divulge any confidential information that he/she has learned in the course of performing his/her duties,” and the Plaintiff Company has urged its employees to make a written oath containing a business confidentiality clause. (2) Defendant B and the Plaintiff Company would not divulge or use any technical and business information obtained through the performance of his/her duties, as well as any other information after his/her retirement, to the other company even after his/her retirement on May 1, 2006 (hereinafter “instant oath”). In violation of this provision, the Plaintiff Company and the Plaintiff Company shall be subject to a written pledge stating that “if so, he/she will compensate for the damages.”

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