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(영문) 의정부지방법원 고양지원 2018.11.09 2017가합73955
경업금지등 청구
Text

1. The Defendant shall pay KRW 9,693,500 to the Plaintiff the annual rate of KRW 15% from August 12, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff, a company established for the purpose of light printing business, paper board boxes and container manufacturing business, outdoor and exhibition advertising business, and time design business, has a place of business in Goyang-dong E in Goyang-gu, Goyang-si. The Defendant, who was employed on his/her behalf on October 8, 2012, has overall control over the Plaintiff’s actual output output and overall control over orders, purchase, and customer management business until he/she withdraws from May 26, 2017.

u.m.

2. All trade secrets and information assets of the company shall not be used without permission of the company, even after retirement, or shall not be disclosed to the competition company without permission, as well as after retirement.

6. Not only at the time of service but also after retirement to operate any business related to the company without permission of the company, or to transfer or operate any other competitive company, whether directly or indirectly, with respect to any other competitive company.

7. If any of the above matters is violated, or intentionally or negligently thereby causes damage to the reputation of the Company, I will take any action by the relevant provisions and any of the actions by the Company.

B. On November 5, 2012 after entry, the Defendant drafted a written oath (No. 2, hereinafter “instant agreement on the prohibition of competition”) with the following terms and conditions to the Plaintiff.

C. Around June 25, 2016, the Defendant, while working for the Plaintiff, established a personal business entity called “D” which carries on the actual inspection output business, and printing business, which is the same type of business as that of the Plaintiff, in Goyang-si G under the Defendant’s Defendant’s Defendant’s Defendant’s wife F.

D is a business after the retirement of the defendant from the defendant's office, moving from the plaintiff's place of business to Ildong-gu C in Yangyang-si, one day away from the plaintiff's place of business.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, and 13, and the purport of the whole pleadings

2. The plaintiff's assertion that the defendant is operating D, which is the same kind of enterprise under his name, even though the defendant entered into an agreement prohibiting the competition of this case.

Therefore, in accordance with the agreement on the prohibition of competition, the entity is operated to run the competition business.

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