1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

The reasons for this part are as follows. This Court's reasoning is as follows: 1. Basic Facts are stated in the reasoning of the judgment of the court of first instance.

The plaintiff's assertion is entitled to seek damages under the Unfair Competition Prevention Act and damages arising from breach of contract.

The defendant's act of providing design data of this case to D without the plaintiff's consent in violation of the duty of confidentiality under Article 2 subparagraph 3 (d) of the Unfair Competition Prevention Act (Definitions) is defined as follows.

3. The term "act of infringing on trade secrets" means any of the following acts:

The Plaintiff constitutes an act of using or disclosing a trade secret for the purpose of obtaining improper profits or causing damage to the owner of the trade secret under a contractual relationship, etc., and thus, constitutes an act of infringing the trade secret, and thus, the Plaintiff first seeks KRW 1 billion from the Defendant as compensation for damages ( Partial Claim) pursuant to Article 11 of the Unfair Competition Prevention Act.

When entering into the instant contract with the Defendant, the Plaintiff imposed a duty to maintain confidentiality on the design data of this case on the Defendant pursuant to Article 40(1).

Nevertheless, the Defendant, without the Plaintiff’s approval, violated the duty of confidentiality by providing the instant design data to D, a competitor, and thus, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the breach of such contractual obligation. The Plaintiff seeks one billion won first from some claims.

The defendant's assertion that the non-existence of the defendant's trade secret is non-existent. The design data of this case can not be disclosed as a construction drawing. The plaintiff entered into a design service contract with the defendant A3 and D on February 2003.