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(영문) 광주지방법원 2017.10.26 2016가합55495
영업비밀침해금지 등
Text

1. Of the principal lawsuit of this case, the part concerning the claim for prohibition of use or disclosure of each of the items listed in [Attachment 4 and 5] in [Attachment 1].

Reasons

1. Basic facts

A. The Plaintiff is a company whose business purpose is the manufacturing business, distribution, and sales business of the integrated livestock management system. Defendant C (hereinafter “Defendant C”) is a company whose business purpose is software development, sale, and rental business, and Defendant B is Defendant C’s representative director.

B. On October 29, 2014, the Plaintiff and Defendant C’s program development contract 1) added various new functions, such as blood transfusion management and post-verification verification function, to the Korea-Japan system developed by Defendant C and the Plaintiff on October 29, 2014. The Plaintiff’s computer program under the name of “D” which may be used through the Internet web (hereinafter “instant program”).

2) The term “instant first development agreement” as to development (hereinafter “instant development agreement”)

The Defendant C concluded a development of the instant program and subsequently completed the development of the instant program. The specific content of the instant development agreement is as follows. The amount of the instant development agreement: 6,00,000 won (including value-added tax): General Conditions / [general Conditions ] Article 3 (Development Name and Schedule) (1) / Development - Development - Development - Development - Development - Development - Development - Change into the web environment of the already developed one-way management system to the web environment of the two-way management system - strengthening and linkage of the operation of the skin management function (other development scope is omitted).

(3) Development period: (a) On November 1, 2014, to February 28, 2015, Article 6 (Examination and Delivery) ③ Defendant C shall deliver all outputs related to the instant contract to the Plaintiff.

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