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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. 1) The Plaintiff is a company established on November 22, 2002 for the purpose of the manufacture, semiconductor design, and the manufacture, sale, etc. of electronic parts of semiconductors. 2) Defendant B entered the Plaintiff Company on January 3, 2005 and retired on May 18, 2018 while the Plaintiff was in office as the head of the White Team (Back Endm) of the design service business division. The Defendant C joined on April 14, 2008 and was in office as the vice head of the design service division as of May 31, 2018 and retired on January 4, 2010 and retired on May 18, 2018.
3) The Defendants, upon entering into an employment contract with the Plaintiff at the time of their entry, have close relation to the company’s trade secrets, and, in order to protect the company’s trade secrets, at least one year from the date of their retirement without the company’s prior consent, shall not start up a business for themselves, nor be employed in any business that produces products identical or similar to the company’s products as of the date of their retirement, and entered into an agreement prohibiting the transfer of the company with the following contents at the time of their retirement (hereinafter “instant agreement”).
(i) 5.1 referring to the accused;
) Company (referring to the Plaintiff)
for two years from the date of their retirement, no research, development, production, or sale of products identical or similar to the products produced by the company, regardless of whether they are domestically or overseas, and no act directly or indirectly of any kind which is assisted or related to a third party doing such act shall be conducted.
(2) The principal shall not transfer his position to a competitor or a like company for two years from the date of retirement without prior written approval of the company.
If the principal violates this paragraph, the company requires the amount equivalent to the principal's annual salary at the time of his retirement as a penalty.