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(영문) 수원지방법원 2016.09.23 2015가합2532
손해배상
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of semiconductor-related business, wholesale and retail of semiconductor parts, and semiconductor equipment service business.

B. On December 27, 2011, Defendant B entered the Plaintiff Company with the vice head of the Technology and Business Team, taking overall control of the business and service affairs, and retired on December 31, 2013.

After retirement, Defendant B entered the company that Defendant C operates with the trade name of Defendant C (hereinafter “the other party company of this case”).

C. Defendant B, who became a member of the Plaintiff Company, signed the “a secret (business, technological, and technical) pledge” with the following content.

I swear that I will observe the following to protect the Plaintiff’s secrets (business/technology):

1. The Company's trade secrets may not be used without permission of the Company or disclosed to a third party after retirement as well as while in office.

2. The trade secrets of any third party known to him shall not be disclosed to the Company or used unlawfully in the business of the Company without the consent of the confidential holder.

3. Not only at the time of his employment but also within three years after his retirement, I will not start a business or change his position or operate a competitive company with any trade secret which he has learned at the time of his employment.

4. In respect of trade secrets known to the company at the time of its employment, I will not take charge of the same duties in the competition company even three years after its retirement.

5. If any of the above matters is violated, he/she shall submit a written pledge of confidentiality (business/technology) with a thorough commitment to compensate for damage and to recover the credit under Articles 11 and 12 of the Unfair Competition Prevention and Trade Secret Protection Act and criminal punishment under Article 18 of the same Act;

The other party company of this case was established in July 2013, and established Lller Business Department around November 2013. Since January 2014, which Defendant B joined, it was the former Plaintiff’s customer of Lller Business, E and F.

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