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(영문) 대구지방법원 2018.08.30 2018가합200123
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Presumption

A. On January 2, 2014, Defendant B joined the Plaintiff and served as the vice head of the sales department. Defendant B retired from the Plaintiff on December 15, 2017.

B. Defendant B entered the Defendant LS Camp Co., Ltd. on December 18, 2017 and is currently in office until now.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 (including each number), Eul evidence 4-6, the purport of the whole pleadings

2. The main point of the Plaintiff’s assertion is the Plaintiff’s trade secret, and the Plaintiff’s trade secret is the Plaintiff’s own code, product information, and the kind and quality of each individual product supplied to the Plaintiff’s customer, and the supply price and contact information (hereinafter “instant information”). The Defendants infringed the Plaintiff’s trade secret by using the instant information for business activities.

The Plaintiff sought a prohibition of competition and trade secret infringement against the Defendants pursuant to the provision of the labor contract with Defendant B, a pledge of prohibition of trade secret infringement and the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”).

In addition, under Article 5 of the Unfair Competition Prevention Act, the defendants seek payment of KRW 100 million to the defendants as part of compensation for damages that the plaintiff will suffer due to the defendants' improper acts.

3. Determination

A. Prior to rendering a judgment as to whether the instant information constitutes “trade secret”, we examine whether the instant information constitutes “trade secret” under Article 2 subparag. 2 of the Unfair Competition Prevention Act.

1. The term "trade secret" under Article 2 subparagraph 2 of the Unfair Competition Prevention Act refers to any production method, sale method, and other technical or operational information useful for business activities, which is not known to the public, has independent economic value, and has been maintained in secret by reasonable efforts, and the information here is published.

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