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1. The Defendants are 150,000,000 won to each Plaintiff and 5% per annum from June 30, 2008 to October 12, 2012.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in the development, manufacture, and sale of software; Defendant C (hereinafter “Defendant C”) is a company engaged in online game and other software development business; Defendant B is the representative director of Defendant C.
B. Defendant B, at the same time, established the Plaintiff on August 24, 2006 with D, the representative director of the Plaintiff, and held office as the joint representative director of the Plaintiff.
In June 30, 2008, retirement was made on June 30, 2008.
Since then, Defendant B established Defendant C on July 16, 2008.
C. At the time of Defendant B’s retirement of the Plaintiff, the Plaintiff’s employees E, F, G, H, I, J, and K also retired and joined Defendant C.
After the establishment of the company, the Plaintiff developed a social network and community-oriented online game under the name of “L”. On March 6, 2009, Defendant C disclosed online game videos under the name of “M display video” on the Internet game website.
Defendant C is currently developing and providing the “N” as a mobile game for smartphones.
[Ground of recognition] Facts without dispute, Gap evidence 6 through 9, 17, witness J, G's testimony, the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion (1) falls under the trade secret that the Plaintiff has maintained and managed as confidential by preparing a security regulation and demanding a security pledge, etc., and Defendant B brought back a white disc containing the above content without permission, and used it for Defendant C to proceed with “M” or to develop “the mobile game.”
This constitutes an unlawful acquisition, use, and divulgence of trade secrets under the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "the Unfair Competition Prevention Act"), and thus, the defendants are jointly and severally liable for damages to the plaintiff.
(2) The above act of the Defendants led to the closure of business, which eventually led to the Plaintiff’s “L” during that period.