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(영문) 서울중앙지방법원 2015.01.16 2014가단5008984
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person running a cleaning agency’s “C”.

B. The defendant is employed as an employee by joining the plaintiff company.

In May 2013, after withdrawal from May 2013, the “D”, a cleaning company, is established and operated in the name of the wife from June 2013.

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

2. Claim:

A. The Defendant: (a) prevented the act of infringing on trade secrets; and (b) infringed the Plaintiff’s interests that are worth protecting the Plaintiff’s legal protection by storing customer information in the mobile phone or taking them out by cutting off a database, and using it without permission for the same kind of business as the Plaintiff company; and (c) thereby gaining unjust profits by taking advantage of the Plaintiff’s efforts and investment.

This constitutes a trade secret infringement, and the use or disclosure of customer information as stated in the attached sheet should be prohibited, and in this process, the business loss and mental damage suffered by the plaintiff should be compensated.

B. The Defendant, while taking charge of the management of business and customer information in the Plaintiff Company, established a cleaning company in competition after withdrawal, and used major customer information and business information acquired during the period of service.

This constitutes a tort by an illegal act under the civil law, and the defendant must compensate the plaintiff for damages.

3. Determination

A. The trade secret under Article 2 subparagraph 2 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”) regarding the assertion of trade secret infringement is not known to the public (non-public) and has independent economic value (economic feasibility). The method of producing and selling secret (confidential management), which has been maintained as confidential by considerable effort, and other business activities.

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