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(영문) 서울중앙지방법원 2016.06.09 2015가단5306081
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On November 19, 2012, the Plaintiff established a specialized F Group E in the name of husband, in the fifth floor of the Gangnam-gu Seoul building D, under the name of husband, and established and operated a F Institute on June 16, 2014 at the same place.

(hereinafter referred to as the “FAD”). B.

around August 2014, Defendant B joined the FFA and served as an instructor of early and middle school study on August 7, 2015, and Defendant C was employed as a scientific instructor of the middle school on May 2013, and retired on July 20, 2015.

C. On August 17, 2015, Defendant B established and operated a specialized educational institute for learning and science in Gangnam-gu Seoul, Seoul, as the name of HHA (HA) in Gangnam-gu (hereinafter “HA”) and Defendant C served as a scientific instructor in that institute.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Claim for damages caused by infringement of trade secrets;

A. The Plaintiff’s assertion falls under the “trade secret” under Article 2 subparag. 2 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “the Unfair Competition Prevention Act”) and the name of the students of the FSC and the name of the school, telephone number, etc., on which the Plaintiff collected the scientific subjects of study from around 2006 to around 2015 by a middle school near the Gangnam-gu Seoul Metropolitan Government I and recorded the data collection on the origin issues of electronic documents classified by each member (hereinafter “the data collection on the origin issues of this case”).

However, the Defendants, while withdrawing from the F.I.D., taken out the data collection and list of students on the press release of this case without the Plaintiff’s permission, produced and distributed the scientific press release of H.H. using the data collection on the press release of this case, and added the students to their friendship from P.I.D., using the phone numbers of the students on the list of the students in this case.

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