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(영문) 부산지방법원 2017.09.27 2015가합3436
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

Basic Facts

On September 3, 2007, the Plaintiff entered into a contract with G Co., Ltd. (hereinafter “G”) to manufacture and supply the design drawings, etc. (hereinafter “instant design drawings”) for new construction works for 200 tons of marine vessel flolouses Crae “H” (hereinafter “instant”) to G Co., Ltd. (hereinafter “G”) at KRW 650 million (excluding value-added tax).

(hereinafter “instant design service contract”). The main contents of the instant design service contract are as follows.

A. Article 3 (Subject Matter and Scope of Services) of the Service Performance Co., Ltd. (A) Company A (Plaintiffs)

1. Name of service: Article 7 (Transfer or Revision of Contracts) of the design services for new construction at sea level of 2000 tons;

1. A and B shall not perform any other act of disposal, such as transfer, lease, offering security, etc. of rights and obligations under this contract to a third party without the consent of the other party;

Article 15 (Protection of Copyright) The ownership of design documents and drawings relating to this Agreement shall revert to Section 1.

Article 16 (Guarantee of Secrecy) Reduction and Exemption shall not divulge or provide any confidential information, technical information, or business of the other party known to him/her in the course of performing his/her duties to a third party.

The Plaintiff produced and supplied the instant design drawings to G around March 2009.

【In the absence of dispute, the pertinent design drawings and paper drawings of this case, which are the vice president of Defendant E Co., Ltd. (hereinafter “E”), at around January 2008, the Plaintiff’s assertion of the overall purport of the pleadings (including branch numbers) and Defendant F, the vice president of Defendant E Co., Ltd. (hereinafter “E”), offered them to Defendant B Co., Ltd. (hereinafter “B”) by releasing the said files, etc., which were kept on the part of G, from a click to the outside without permission, while performing construction upon request from G around January 208.

After that, the defendant C and the head of the design team in the defendant B's representative director, the above files, etc. are unauthorized.

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