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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 22, 2018, the Plaintiff (the name of the business operator: C) and the Defendant (the name of the business operator: D) drafted a confidentiality contract to keep and protect the information provided to the Defendant in relation to “web & app development” as confidential.
Article 2 (Definition of Confidential Information)
1.The term "confidential information" in this Agreement means any technical or managerial information concerning the other party that "B" has become aware of or is obtained from the other party or its staff (hereinafter referred to as "the other party") in the course of performing its functions and any technical or managerial information newly created based thereon.
2. The confidential information referred to in paragraph 1 shall include all technical or managerial information, such as know-how, design, data, formula, program, price list, statement of transaction, production cost, idea, etc. provided in writing (including electronic documents; hereinafter the same shall apply), orally or otherwise, and all articles or equipment containing such information.
Article 5 (Return of Data)
1. “B” shall, at the request of the other party, immediately return to the other party all the data, documents, and other relics (including copies, reproductions, imitated articles, and imitated equipment, etc.) containing or containing confidential information of the other party at any time, or shall discard such information at the request of the other party, and furnish the other party with documents proving the destruction thereof;
2. The expenses incurred in the return or destruction of the material under paragraph 1 shall be borne equally by “A” and “B”.
Provided, That the person liable for return or destruction of materials shall first pay the expenses and then settle the amount of the expenses to the other party and claim it.
Article 8 (Compensation for Loss, Sea, and Breach of Contract)
2. A party who has breached this contract shall not be liable to the other party for damages under paragraph 1, as specified in the Web & App Contract.