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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff Company was established on February 26, 1973 and operated the business of manufacturing raw materials, furnitures, and automobile sets, and the Defendant joined the Plaintiff Company on March 21, 201 and retired from the Plaintiff Company on March 31, 2016.
B. On February 5, 2016, the Defendant prepared and submitted to the Plaintiff a written pledge for the protection of trade secrets (hereinafter “instant pledge”). The instant pledge contains the following: “In order to protect trade secrets of the company, the Defendant himself/herself, without the prior written consent of the company, will start up the business for himself/herself or will not be employed in the same company that produces the same or similar product as the product being produced by him/her as of the date of retirement without any prior consent of the company,” and “I shall reimburse the amount equivalent to twice the annual salary of the year of retirement when each of the above pledges is violated,” and “I shall compensate for the amount equivalent to two times the annual salary of the year of retirement when each of the above pledges is violated,” civil and criminal liability stipulated in the “Unfair Competition Prevention and Trade Secret Protection Act, liability for damages due to nonperformance or tort under the Civil Act, liability for occupational breach of trust, etc. under the Criminal Act, and shall compensate without delay all the damages of the company, and shall return the amount received from the company under the condition of the protection of trade secrets received from him/her.”
C. On March 31, 2016, the former Defendant: (a) entered the Plaintiff Company on May 9, 2016, and served as a business team when entering the two companies in competition with the Plaintiff (hereinafter “non-party companies”); (b) on May 9, 2016, the former Defendant retired from the Plaintiff Company.
【Ground of recognition】 The fact that there is no dispute or no clear dispute, entry of Gap's 1 through 5, and the purport of whole pleading
2. Determination as to the cause of action
A. The plaintiff's assertion.