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(영문) 대전지방법원 2014.10.23 2012가합36955
영업비밀침해금지 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff Company is a corporation established on May 19, 1997 for the purpose of producing and selling optical fibres and optical elements, and is a manufacturer of optical communication parts manufacturing automation equipment and optical communication parts measuring instruments.

B. On February 1, 2003, Defendant C joined the Plaintiff Company and participated in the development of SM-Spitter Mach, SM-Spitter Mach (H), which is a kind of measuring equipment, while serving as the head of the production team and development of optical parts automation equipment (hereinafter “OMAS”), and retired on March 31, 2011.

C. On December 1, 2006, Defendant D joined the Plaintiff Company and served as an employee in the development and production of the OMAS, and retired on March 31, 201.

Defendant E joined the Plaintiff Company on December 1, 2009 and served as an employee in charge of OMAS, and retired on March 31, 2011.

Defendant E’s resignation date on March 31, 2010 is deemed to be a clerical error, if the withdrawal date is written on March 31, 2010.

On March 2, 2011, the time when the Plaintiff Company retires from the Plaintiff Company, Defendant C and D made a written pledge of confidentiality to maintain confidentiality with respect to “trade secrets regardingG and H equipment” and submitted it to the Plaintiff Company.

On March 31, 2011, Defendant E prepared a written pledge of confidentiality to maintain confidentiality with respect to trade secrets known to it while in office of the Plaintiff Company and submitted it to the Plaintiff Company.

E. After retirement, Defendant C had stored the above H-related program files on his own Nowon-gu computer for a considerable period of time.

F. On March 2, 2011, Defendant C established the Defendant Company and served as the representative director of the Defendant Company from that time, and Defendant D and E also served in the Defendant Company after withdrawal from the Plaintiff Company.

G. The Defendant Company manufactures and sells I, which is a measuring device for the purpose of H such as H.

H. Defendant C, D, and E, who retired on October 30, 2012 from the Plaintiff Company, shall be H in his/her Nowon-gu computer.

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