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(영문) 서울중앙지방법원 2020.11.25 2019가단5201689
집행문부여의 소
Text

1. Regarding the Seoul High Court Decision 2019Ra20390 decided on the provisional disposition prohibiting transfer between the Plaintiff and the Defendant.

Reasons

Basic Facts

A. The Plaintiff is a company with the objective of manufacturing and selling semiconductors and related products. The Defendant, upon joining the Plaintiff company on October 15, 1998 and working for about twenty (20) years, is a person who retired on the ground of health aggravation, etc. around September 30, 2017, taking overall charge of the relevant duties as the head of the distribution of the Memono Technology Innovation Team Investment Efficiency and Equipment Planning Group and the head of the facility planning group.

B. At the time of the Plaintiff Company’s employment, the Defendant: (a) regularly prepared a “written pledge of protection of trade secrets, etc.” and submitted it to the obligee company; and (b) the content of paragraph (10) of the “written pledge of trade secrets, etc.” written around March 14

10.I swear that I will not, for two years after retirement, commit the following acts, such as the establishment and employment of competitive enterprises, which disclose or are likely to divulge the company's trade secrets, etc.:

(1) An act of starting a competitor regardless of form, such as direct or indirect joint ventures, partnership, business cooperation, consignment management, etc. (2) an act of start-up of a competitor (including a company’s shareholder, partner, director, auditor, agent, adviser, adviser, officer, employee, or other form of business participation, work performance) (3) an act of start-up of a competitor (including a company’s shareholder, partner, auditor, advisory station, adviser, officer, or other form of business participation, work performance), but actually taking the form of employment for a competitor, such as a competitor’s consultation, consulting, contract work, work performance, etc. by actually taking advantage of the type of employment through a competitor’s arrangement and brokerage, (4) an act of providing labor, information, technology, or related work to a competitor, regardless of form of service entrustment, contract, delegation, agency, work assistance, etc., will give notice thereof to the company prior to being employed or any other form of profit-making activity such as start-up or employment, or obtain the company’s consent thereto.

C. On May 26, 2017, the Defendant paid a special incentive of KRW 30 million from the Plaintiff.

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