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(영문) 서울고등법원 2018.04.19 2017나2041055
영업비밀침해금지등
Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

The defendants are the defendants.

Reasons

1. Basic facts

A. 1) The principal purpose of the Plaintiff is to carry on business, such as manufacturing machinery for semiconductor manufacturing, purchasing or selling idle assets, brokerage, and consulting for the purchase or sale of assets of a company, which ordinarily engages in the repair of equipment awarded by participating in bidding procedures for used semiconductor equipment and resale thereof to a domestic or foreign company. The Plaintiff has a market share of 8% in the world and semiconductor equipment market. 2) Defendant E was employed by the Plaintiff on October 19, 2009, and was set off on June 30, 2014.

Defendant E prepared a written agreement on October 19, 2009 at the time of entry into the Plaintiff and promised to maintain confidentiality, not only the obligation to maintain confidentiality, but also the information acquired on June 26, 2014 at the time of withdrawal, which was the time of withdrawal, and submitted to the Plaintiff a written agreement on the protection of information to immediately return the Plaintiff’s assets including the information.

3) Defendant A retired from the Plaintiff on June 30, 2014, and thereafter on July 1, 2014 to the Plaintiff, and served as a business director in Defendant B as the representative of Defendant F. (4) Defendant G was working for the Plaintiff and served as Defendant A, who is the representative of Defendant F. As of June 11, 2014, the Plaintiff was retired from the Plaintiff, and Defendant A was working as an inside director at Defendant D, where Defendant H, who is the other other retirement of the Plaintiff, is the representative director.

5) Meanwhile, as of July 14, 2015, Defendant H, the representative director of Defendant H, among the 10,600 shares issued by Defendant D as of July 14, 2015, Defendant H, the representative of Defendant B, not only owns 7,000 shares and 3,000 shares, but also Defendant H, the representative of Defendant B, the inside director, holds 600 shares. (B) The process of tendering for semiconductor equipment owned by Samsung CJ 1) Samsung E&M conducted the “A tendering procedure” to sell semiconductor equipment, the middle and semiconductor equipment owned by CJ.

2 Samsung T&M shall I.

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