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(영문) 서울중앙지방법원 2018.05.10 2017가합23641
부정경쟁방지및영업비밀보호에관한법률위반
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the representative of D Co., Ltd. (hereinafter “D”) that engages in the business of providing labor for the removal of the interior, and Defendant B is the representative of E Co., Ltd. (hereinafter “E”) that engages in the business of interior fishing, and Defendant C is a person who entered D around April 22, 2010 and retired from the company around June 16, 2014.

B. On October 8, 2014, Defendant C established a subcontractor related to the interior project, “H” in the Seoul Special Metropolitan City Gwangjin-gu F and the third floor G, and thereafter traded with E, such as provision of labor regarding the removal of interior medicine from around that time.

C. The Plaintiff reported the closure of D’s business around April 3, 2017.

【Ground of recognition】In the absence of dispute, entry of Gap Nos. 1 and 10, fact-finding with respect to the Sungdong Tax Office of this Court, the purport of the whole pleadings

2. Claims for damages against the Defendants

A. The summary of the Plaintiff’s assertion is that Defendant C’s act constitutes a trade secret infringement under Article 2 subparag. 3 (d) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”), and Defendant C assisted or aided Defendant C’s trade secret infringement, by using the data of this case, by arbitrarily removing the Plaintiff’s employees, business partners, and telephone numbers (hereinafter “instant data”).

In addition, Defendant C was an employee of D, and Defendant B entered into a contract with the Plaintiff for a period of 17 years on the provision of labor services for the removal of the interior, etc., and was engaged in artificial fishery.

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