1. Of the judgment of the court of first instance, the part of the claim for prohibition against Defendant C and the property of the Defendants.

1. Basic facts

A. The Plaintiff’s representative director, from September 8, 2002, was established March 5, 2012, by comprehensively taking over the business operated as an individual business entity under the trade name of “J” with the aim of selling automation parts, repairing automation devices, and conducting overseas trade business for automation equipment, parts, etc.

The main business of the plaintiff is to repair and supply industrial automation machinery, the period of free guarantee of which expires, or to purchase used equipment and sell it at home and abroad.

B. Defendant B, who was employed by the Plaintiff’s representative director from July 2009, worked as a technical operating staff, and retired from the position of the Plaintiff’s technological operating team on March 25, 2015.

On January 1, 2014, Defendant B drafted an employment contract and a written pledge containing a confidentiality agreement and a non-competitive agreement (hereinafter each of the instant confidentiality agreement, and “instant non-competitive agreement”) with the Plaintiff as follows:

Article 12 (Duty to Maintain Confidentiality) ① This contract is a contract between the plaintiff and the defendant B, and therefore the contract is a contract between the plaintiff and the defendant B, and the contents of this contract and its duty to maintain confidentiality is not later than the end of the contract

② Under the former Unfair Competition Prevention and Trade Secret Protection Act (amended by Act No. 15580, Apr. 17, 2018; hereinafter referred to as the “former Unfair Competition Prevention Act”), a company does not divulge information related to its overall management, technology, and business, and is subject to corresponding punishment when it violates relevant laws.

A written oath shall be

6.In accordance with the former Unfair Competition Prevention Act, the following shall not be disclosed outside by considerable effort, which is not known to the public and has independent economic value.

1) Matters pertaining to technical secrets, such as methods of repair, research, development, and training of products, ii) methods of selling products, business plans, and cooperation with other companies.