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(영문) 수원지방법원 안산지원 2017.02.16 2016가합6832
손해배상(기)
Text

1. Defendant C and D jointly share KRW 25,00,000 with respect thereto to the Plaintiff and the Plaintiff annually from June 19, 2015 to February 16, 2017.

Reasons

Basic Facts

The Plaintiff and Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) are all manufacturers of the equipment, such as semiconductors, CDs, etc. using flass.

Defendant C, from March 2002 to March 201, 201, was discharged while serving as the Plaintiff’s business director and the director of the research institute.

On June 201, Defendant C established and operated the E Co., Ltd. (hereinafter referred to as “E”), which is a manufacturer of the equipment such as semiconductors, CDs, etc. using the S Team or carbon dioxide.

Of these, the defendant C was employed by the defendant C on December 12, 201 and is in charge of the manufacture of spact equipment, such as semiconductors and CDs, using flass, as the head of the AP business division.

Defendant D worked as the Plaintiff’s senior researcher from February 2006 to April 201, and retired while taking charge of the installation, development, etc. of flasma equipment.

Defendant D entered Defendant B on January 26, 2012 and is in charge of the development of flasma equipment in the AP business division.

Defendant C and D signed a written oath to the effect that “any confidential information after withdrawal of the Plaintiff shall not be used or disclosed without authority” at the time of entry of the Plaintiff.

The Plaintiff prepared guidelines such as the company's letter, intellectual property management regulations, rules of employment, etc., and imposed a duty to prevent the company's assets, such as trade secrets, etc., to employees including Defendant C and D from being leaked to the outside through certain documents, such as marking and occasional education.

At the time of withdrawal from the Plaintiff, Defendant C and D demanded the Plaintiff to prepare a written oath to the effect that “it did not disclose or divulge any technology or trade secret acquired in the presence of the Plaintiff to a third party, and returned all the data related to the technology and trade secret prior to the withdrawal without permission.”

Defendant C refused to prepare the above written oath, but Defendant D drafted it.

Defendant C, such as leakage of major business assets.

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