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(영문) 서울남부지방법원 2018.10.12 2016가단16386
손해배상(기)
Text

1. The Defendant’s KRW 2,093,731 as well as the Plaintiff’s KRW 5% from January 15, 2016 to October 12, 2018 and the next day.

Reasons

1. Basic facts

A. The Plaintiff is a company that conducts advertising agency business on the Internet portal site. The Defendant worked as the Plaintiff’s head of the marketing team from December 1, 2009 to October 30, 2015, while serving as the Plaintiff’s head of the marketing team, who was retired while engaging in advertising agency business and sales.

B. The Plaintiff and the Defendant drafted a labor contract on April 1, 201 during the above working period, and the main contents are as follows.

Article 2 (Term of Contract) The term of contract shall be from April 1, 2011 to March 31, 2012.

Article 3 (2) Contents of Business: Article 8 (Good Faith and Sincerity, Management of Business, and Management of Business Employees, etc.) (3) The defendant shall not manage a new account or transfer account generated from the advertisement agency business (online, offline business) during the contract period entered into with the plaintiff separately through double and unfair transactions with another company without the plaintiff's prior consent.

This is equally applied regardless of the defendant's occurrence of monetary benefits.

(4) No defendant shall divulge to another person or any other institution any information learned in connection with the performance of duties provided for in this contract during the contract period or after the contract period expires.

(5) The obligations referred to in paragraphs 3 and 4 of this Article shall continue to exist for five years after the expiration of the contract period even in cases where the contract period expires.

Article 11 (Resignation) (4) In principle, retirement shall not be recognized in cases where a resignation under paragraph (1) is conducted for the severance of a competitor.

Nevertheless, the transfer of wages from the plaintiff to another company in any form on the newly created account or transferred and managed account after retirement is an act of causing damage to the plaintiff's assets, and thus the civil and criminal liability for such transfer is a civil and criminal liability.

This applies to the case of receiving a written consent for the transfer of an advertiser or customer.

Provided, That after one year has elapsed after retirement, a request for transfer may be made with the consent of the plaintiff.

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