1. The plaintiff's claim is dismissed.

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

1. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion is a company that operates the marriage information provision business, etc., and the Defendant is a person who established a marriage information company following the withdrawal from around April 2010 to September 2015 when the Plaintiff served as a lux manager or a lux manager at the Plaintiff company from around September 2015.

The defendant prepared a duty observance pledge and a confidentiality pledge to the effect that the plaintiff company will not use any member's personal information even after retirement or divulge it to a third party without permission after retirement.

In addition, the defendant, while retiring the plaintiff company, maintained confidential information, such as member information acquired while on duty, destroyed or returned all copies of computerized management information to the company at the time of retirement, and prepared a written reason for retirement to the effect that any available member registered with the plaintiff company will not communicate with the plaintiff company without notifying the plaintiff company, and that any compensation will be made in the event of damage.

However, on September 2015, the Defendant: (a) set up a marriage information company called “D” around January 2016 without returning or destroying the confidential membership information data, while withdrawing from the Plaintiff Company; (b) from around that time to December 2016, the Defendant used the above member information to contact the Plaintiff’s members E, F, G, etc. using the said member information; and (c) to introduce clocks to H, I, J, K, L, etc.; and (d) to join them as “D” members without permission.

The defendant's act constitutes a breach of trust against the plaintiff company as an infringement of trade secrets, and if the defendant has a benefit from such infringement pursuant to Article 14-2 (2) of the Unfair Competition Prevention and Trade Secret Protection Act, such benefit is presumed to be the amount of damage of the plaintiff

On the other hand, according to the defendant's financial transaction details, the defendant's act of infringing trade secrets as above.