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The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
1. The basic facts of Defendant B, C, D, E, and F are those who were employed as the Plaintiff’s employee engaged in the business of manufacturing lighting fixtures for inspection and were currently employed in Defendant I established by separating the business fields of Defendant H Co., Ltd. (hereinafter “Co., Ltd.”) or Defendant H from the business fields of Defendant I.
Defendant G supplied to the Plaintiff upon receiving orders from the Plaintiff for the production and processing of the appearance of lighting products
He is the representative of J, the subordinate company, and the spouse of K, the representative director of Defendant H.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination as to the cause of claim
A. The summary of the Plaintiff’s assertion is recognized as a joint tort as follows. Therefore, the Defendants are jointly obligated to pay damages to the Plaintiff as stated in the purport of the claim.
1) Articles 2 subparag. 1(i) and 18(3) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”) punish the act of transferring, lending, displaying for that purpose, importing, and exporting goods that imitate the form of goods produced by another person. The products sold by Defendant H and I are the same as the Plaintiff’s products, and thus, the Plaintiff’s products were imitated, and thus, Defendant B, C, D, E, F, H, H, and I committed an unfair competition act corresponding to the above provisions.
2) Defendant B, C, D, E, and F made a pledge of confidentiality at the time of retirement of the Plaintiff, and Defendant G received security education from the Plaintiff as an executive officer and employee of J as the subcontractor. Defendant G was under a duty to maintain confidentiality agreement between the Plaintiff and the Plaintiff, on the ground that there was an implied confidentiality agreement under the contract between the Plaintiff and the Plaintiff, or a duty to maintain confidentiality agreement under the good faith principle, thereby maintaining the Plaintiff’s business secrets.
Nevertheless, the above Defendants’ information, such as a written request for work which is trade secrets, a letter of origin, a map of radar-out, and a processing drawing (hereinafter “the above Defendants”).