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(영문) 수원지방법원안산지원 2016.10.20 2013가합6992
손해배상금 등
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. The Plaintiff is a company with the purpose of manufacturing, selling, etc., a hybrider (hereinafter “Plaintiff company”).

On March 15, 2010, Defendant B joined the Plaintiff Company and served as the head of an overseas business division, etc., and went back on November 10, 201, and served in Defendant D (hereinafter “Defendant Company”) for the purpose of manufacturing, selling, etc. oil pressure radars from February 1, 2013.

Defendant C is an operator of E engaged in the manufacture and sale of tensions, and was the representative director of the Defendant Company.

Around September 201, Defendant B copied the files stored in his own computer for business purposes to U.S.B, sent the Plaintiff Company’s overseas e-mail list to its e-mail account after leaving the said list, and without deletion.

After the retirement of the Plaintiff Company, Defendant B served in F Co., Ltd. from February 1, 2012 to March 31, 2012. From April 11, 2012 to March 31, 2012, Defendant B sold E products while operating G selling construction heavy equipment wholesale and retail business.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1, Eul evidence 4-1, Eul evidence 8, Eul's evidence 34, and the purport of the whole pleadings

2. The file and the list of overseas customer e-mail released by Defendant B from the gist of the Plaintiff Company’s assertion include the design drawings (hereinafter “design drawings of this case”) of UAB 100, KB 200, KB 4200, and TOR 23, etc., which the Plaintiff Company itself developed (hereinafter “instant design drawings”), and UAR 23, etc., of the Plaintiff Company’s own information on the UAB e-mailer produced according to the design drawings of this case (hereinafter “instant UAB e-mail”) and overseas consumers (consumers). This constitutes “trade secret” protected by the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”).

However, the defendants are defendants.

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