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(영문) 수원지방법원 2015.06.18 2014가단535694
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that mainly engages in the manufacture, sale, etc. of machinery parts, such as copper pipes, joint gold pipes, and assembly metal pipes.

B. On April 1, 2013, the Defendant joined the Plaintiff’s employee and served as B at the Plaintiff’s Seoul Office and retired from the office around July 3, 2014.

C. At the time of entry, the Defendant: “I will not disclose or disclose the confidential business information of I will not disclose or disclose the business information to I will not obtain any unfair benefit or damage you will not do. I will not engage in any act that I would not engage in any act that I would not engage in any business of the same kind or competition within one year after she retires. I will not engage in any business of the same kind or competition.” (Evidence No. 6, hereinafter “this case’s confidential business agreement”) with the content that “I will not engage in any business of the same kind or competition,” and submitted it to the Plaintiff.

Upon withdrawal of the Plaintiff, the Defendant separated from his position to EsbnbP plant (hereinafter “SP plant”) and worked as an employee of the said company until February 28, 2015. The non-party company is a company that manufactures and sells the same product, such as the pipe and chip, which is like the Plaintiff.

E. Accordingly, the Plaintiff asserted that the Defendant entered the Nonparty Company, a competitor, and divulged the Plaintiff’s trade secrets, and filed an application for a provisional injunction prohibiting the infringement of trade secrets with the purport that “the Defendant shall not be employed in the Nonparty Company or engaged in the manufacturing, selling, and ordering of the said Company’s Pipe, chip, etc., manufactures, sells, and orders,” and “the Defendant shall not disclose or use the Plaintiff’s trade secrets to any person other than the Defendant. In the event of the Defendant’s violation, the Defendant filed an application for a provisional injunction prohibiting the infringement of trade secrets with the purport that “the Plaintiff shall pay one million won per day of the violation to the Plaintiff.” However, the said court on February 12, 2015.

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