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(영문) 서울서부지방법원 2017.06.01 2016가합38184
위약금지급 및 전직금지 청구의 소
Text

1. The Defendant shall pay the Plaintiff KRW 300,000,000 and the interest rate of KRW 15% per annum from January 18, 2017 to the date of full payment.

Reasons

(c) Personal information (4) including customer information, etc. (5) and all other information and documents (a rough) that a company intends to protect;

3. Recognizing that the principal has any right to invention, discovery, development, design, information, and any equivalent product owned, used, or disposed of, in connection with his/her duties independently or jointly with another person during his/her service, and will not use it for the benefit of the principal or a third party without the prior written consent of the company after his/her retirement.

(b)

5. In order to prevent an act that infringes or is likely to infringe on the company's trade secrets, I will not use the company's trade secrets on behalf of the competitors and other third parties, at least during the period of their retirement [two years] by starting, operating, or moving into the same industry as the competition company.

* Competitive Company: Technologies related to the development of Flash Memy Control Control (SD, UFS, eMCC Convis) and other related technologies, such as D (including Eaffiliated), SanaDiSK, Tosbbba, MarV, SI, PHI, PMFON, PMC-basedra

6. In the event of the breach of each of the above commitments, I will promptly compensate for any civil or criminal damages as well as any damages in accordance with the relevant laws.

In particular, in the event of the violation of paragraph (5), I will return in full the amount of two times the amount received from the Company in return for the contract prohibiting the change of occupation under paragraph (5).

On August 7, 2015, the Defendant prepared and submitted a trade secret protection pledge (hereinafter “instant pledge”) to the Plaintiff, and received KRW 150,000,000, separate from retirement pay.

The main contents of the instant pledge are as follows.

C. The former Defendant was serving in C. (C; hereinafter “instant company”) from March 22, 2016 to the date of the closing of the instant argument.

The company of this case is a mermo semiconductor and semiconductor.

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