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(영문) 서울남부지방법원 2015.10.27 2015가단15744
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. If the Plaintiff’s ground of the Plaintiff’s claim maintains its expression from the third date of pleading until the closure of pleading, and adjusts it to the legal requirements to the greatest extent possible, this Court ordered the Plaintiff’s legal representative to specify the cause of the claim specifically and clearly and to specify the amount of damages arising from an individual tort on each date of pleading Nos. 1 and 2.

Defendant C prepared a written pledge under Articles 11 and 12 of the Unfair Competition Prevention Act, and served as the Plaintiff’s regular business for the production, mass production, overseas production, and establishment of overseas business networks from March 22, 2014, and for the same year.

8. On November 26 of the same month of the withdrawal, Defendant B (hereinafter “Defendant Company”) established a company and took office as representative director, and established the same kind of Defendant Company and infringed the Plaintiff’s trade secrets, by developing and producing Nonparty D (Korean/foreign business), E (technical theory), F (product Development), G (domestic business) and H (SK sampling output) that had been employed as Plaintiff’s employee, by which the Defendant Company had been employed as Plaintiff’s employee.

B. Defendant C defamed the Plaintiff’s products by sending e-mail, etc. to the Plaintiff’s agency, thereby impairing the Plaintiff’s reputation.

C. The plaintiff suffered from intangible business losses due to the defendants' secret infringement (the plaintiff's existing employees and customers' deduction), defamation, etc., and the defendant's profits through unfair competition prevention, etc. should be calculated at a minimum amount of 50 million won, taking into account the defendant's profits through the defendant's ordinary competition prevention. Thus, the defendants are obligated to compensate the plaintiff.

2. Determination

A. As to the infringement of trade secrets, Gap evidence 1 to Gap.

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