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(영문) 서울서부지방법원 2019.11.01 2019가단203128
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. From June 18, 2012, the Plaintiff operated a skin management company with the trade name “D” in the vicinity of C Station from around C Station, and continued to operate the said skin management company after moving to Mapo-gu Seoul Mapo-gu E and the second floor around 2018.

B. The Defendant, who was employed by the Plaintiff from May 8, 2017 to September 8, 2018, operated a mutual skin management company with the trade name “G” from September 15, 2018 to the Seoul Mapo-gu F and fifth floor.

C. The Plaintiff used customer information (name, contact number, etc.) stored in the customer management program and the company-only mobile phone, etc. while serving as a vice president in D, and then illegally obtained approximately 30 customer information while communicating with the Defendant’s personal mobile phone, deleted the customer information stored in the computer, etc. while leaving the company, and then operated the business of using the customer information so deducted as above, and operated the business. The Plaintiff interfered with the Plaintiff’s business by informing customers of detailed refund regulations on the part which was settled in D through deducted customer information and informing them of specific refund regulations on the part which was settled in D, and thereby interfered with the Plaintiff’s business. During the withdrawal, the Plaintiff filed a complaint against the Defendant as a crime of Unfair Competition Prevention and Trade Secret Protection Act (violation of business secrets, etc.), interference with business affairs, theft, violation of the Personal Information Protection Act, violation of the Copyright Act, and violation of the Copyright Act.

However, the prosecutor of the Seoul Western District Public Prosecutor's Office issued the disposition that he was guilty (defluence of evidence) on January 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 40, Eul evidence No. 26, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the plaintiff's assertion 1 is customer information held by the plaintiff in addition to the customer's name and contact information, and details of customer's skin status and management.

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