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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The relationship 1) The plaintiff is a company established on February 12, 1998 for the purpose of manufacturing, wholesale, retail, trade, etc. of air conditioners and air conditioners. 2) The defendant is employed by the plaintiff company on June 1, 199 and works as an air conditioner.
On May 22, 2007, retirement was made.
On September 1, 2009, the defendant returned to the plaintiff company on September 1, 2009 and withdrawn on April 26, 2011.
B. The Plaintiff’s business of manufacturing and selling the cold air conditioners: (a) introduced the coolant technology held by Japan, into Korea; and (b) filed an application for utility model right with the name of D date “E”, and utility model right with the name of F date “G”, respectively; and (c) completed the technological development process, such as filing an application for patent right with the name of the invention “I” on the H date, and then manufactured and sold the cold air conditioners until now.
C. On December 19, 201, the Defendant’s establishment and business of the company, registered as the business operator with the trade name J on December 19, 201, and manufactured and sold the advanced air cooling equipment from July 2014.
[Reasons for Recognition] Facts without dispute, Gap's evidence, Eul's evidence 1 to 8, Eul's evidence 1 and 2, the purpose of all pleadings
2. From May 201 to October 201, 201, the Defendant asserted that the Plaintiff had access to and work for the Plaintiff Company, and that the Plaintiff strengthened the security of the manufacturing method and drawings of the air conditioners and parts (hereinafter “manufacturing method and drawings of this case”). From June 27, 2013 to October 2013, when the Plaintiff last maintained the security of the manufacturing method and drawings of the air conditioners and parts (hereinafter “manufacturing method and drawings of this case”), the Plaintiff infringed the Plaintiff’s trade secret by means of Defendant’s business by memorying the manufacturing method and drawings of this case for about four months from June 27, 2013 to October 2013. Thus, the Defendant is obligated to prohibit the destruction, use, and disclosure of the drawings of this case.
3. Determination as to whether a trade secret constitutes trade secret
A. Trade secrets under the relevant legal doctrine are not known to the public (non-public) and have independent economic value, and efforts are made to make reasonable efforts.