1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant asserted that, in collusion with the Plaintiff, employees C who retired the Defendant and joined the Plaintiff caused business loss to the Defendant. Around October 201, the Defendant filed a complaint with the Seoul Dong District Prosecutors’ Office under suspicion of violation of the Unfair Competition Prevention and Trade Secret Protection Act against the Plaintiff, the Plaintiff’s representative director D, and C, but the Seoul Dong District Prosecutors’ Office rendered a decision not to prosecute the Plaintiff, etc. on March 19, 2012.

B. The Defendant dissatisfied with the above decision and appealed to the Seoul High Prosecutor’s Office, but the above Prosecutor’s Office dismissed the appeal on May 21, 2012, and the Defendant again filed an application for a ruling with the Seoul High Court. However, the above court dismissed the Defendant’s application for a ruling with the Seoul High Prosecutor’s Office as of July 20, 2012.

C. On the other hand, on November 15, 2011, the Defendant filed a lawsuit claiming damages equivalent to operating profits against the Plaintiff on the grounds that “the Plaintiff suffered damages due to the Plaintiff’s illegal acts violating the Unfair Competition Prevention and Trade Secret Protection Act,” and filed a lawsuit claiming damages as Seoul Southern District Court Decision 201Da89846, Seoul Southern District Court, which dismissed the Defendant’s claim on May 8, 2013.

The Defendant appealed against the above judgment of the first instance court as Seoul Southern District Court 2013Na6655, but the above court rendered a judgment dismissing the Defendant’s appeal on October 23, 2014, and the above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. The defendant asserts that the plaintiff had already filed a claim against the defendant for damages under Seoul Southern District Court 2012Gau424 and 431 (joint) but became final and conclusive upon a judgment dismissing the claim. Since the subject matter of a final and conclusive judgment is identical or preemptive legal relationship with the subject matter of a lawsuit in this case, the subject matter of a lawsuit in this case must be dismissed as there is no benefit of the lawsuit in this case.

However, a prior suit.