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(영문) 수원고등법원 2020.07.23 2019나21800
손해배상(기)
Text

The plaintiff's appeal and the claims added by this court are all dismissed.

costs of lawsuit after an appeal are filed.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, and the ground of the judgment of the court of first instance is with the exception of the determination of additional claims made by the plaintiff in this court.

(The main text of Article 420 of the Civil Procedure Act). The three-way 5 to four-way 3 pages are as follows:

“The Plaintiff shall exclusively supply alcoholic beverages to the instant transaction partner for at least five years, and the equipment leasing and transaction agreement between the Plaintiff and the instant transaction partner (hereinafter “instant agreement”).

The Defendant concluded a contract with the non-party company, which is a competitor, after the Plaintiff retired from the company, provided the non-party company with the transaction information of this case, which is the Plaintiff’s trade secret, and provided the transaction information of this case to the non-party company and made the transaction with the non-party company discontinue transaction with the Plaintiff pursuant to the agreement of this case using such information. Accordingly, the Defendant infringed the Plaintiff’s trade secret, or as a liquor supplier against the Plaintiff’s transaction partner under the agreement of this case

The Plaintiff infringed upon the Plaintiff. As a result, the Plaintiff suffered damages equivalent to KRW 171,141,263 of the lost profit during the five-year period related to the instant transaction partner’s installation cost of the equipment, etc. of the instant transaction partner (20,520,000 won) and KRW 30,000 of the consolation money for damages or claims arising from the infringement of trade secrets. Therefore, the Defendant is obligated to pay the Plaintiff the damages amounting to KRW 200,520,000 due to selective compensation for damages or claims arising from the infringement of trade secrets (i.e., installation cost of the equipment, etc. of the instant transaction partner’s equipment, etc. of KRW 20,520,000,000 for five-year period related to the instant transaction partner’s damages amounting to KRW 171,141,263, which is part of KRW 149,480,000,000 for damages amounting to KRW 30,000.

5 The following parts shall be 1 to 7 pages:

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