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(영문) 서울서부지방법원 2019.01.23 2018가단212026
약정금
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. On August 16, 2016, the Defendant, while working in the Plaintiff Company for about 15 years, submitted the following security assurance to the Plaintiff Company (hereinafter “instant security agreement”) and retired, received KRW 45,427,230 from the Plaintiff.

I have received retirement consolation benefits from the Plaintiff Company, and I have agreed to: (a) to comply with the Company’s trust and good faith:

1. I will not disclose or divulge to any third party the receipt and amount of retirement consolation benefits.

2. I may not offer or divulge to a third party any official or other duties, confidential information, data, and information which he/she has learned while in office.

3. I will not raise any objection against the Company, which would in turn contain a civil and criminal lawsuit, or an administrative agency’s filing of a petition for civil action on the grounds before retirement.

In addition, I agree not to do any act affecting the management activities of the company.

4. I will assume all legal responsibilities, such as civil and criminal penalties, liability for damages, and return the full amount of retirement consolation money to the Company in the event of any breach of this undertaking.

B. The plaintiff company does not disclose or disclose trade secrets to a third party, and does not cooperate with the company that manufactures products identical with or similar to the company's products by means of consultation or advice, etc. for two years from the date of retirement, and in the event of violation, all other civil and criminal liability including the Unfair Competition Prevention and Trade Secret Protection Act, and without delay compensate for all damages of the company, and in the event of violation of this covenant, the company will pay 20 million won to the company separate from compensation for such violation."

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