(영문) 서울중앙지방법원 2019.08.22 2017가단5162933

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(영문) 서울중앙지방법원 2019.08.22 2017가단5162933

손해배상(기)

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

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

Reasons

1. Basic facts

A. The Plaintiff is a company established around May 2016 and engaged in solar power generation projects, etc. as its main business.

B. Defendant B worked as the director of the Plaintiff’s business development team from August 2016 to January 2017, and was in charge of affairs related to the selection of the site for solar power plants.

C. Around November 2016, Defendant C and D entered into a business agreement with the Plaintiff that the said Defendants would first provide the Plaintiff with the examination and securing of the construction site for solar power plants, and that the Plaintiff would provide the said Defendants with consulting costs.

After that, Defendant C established a corporation A and E, a corporation around January 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4, 8 and 9, and purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that Defendant B is obligated to make the Plaintiff enter into a lease contract or sales contract with the owner of the relevant site if it is found to be suitable for the construction of solar power plants as the Plaintiff’s employee. Defendant C and D are also obligated to give priority to the Plaintiff the site suitable for the construction of solar power plants according to the business contract concluded with the Plaintiff.

Nevertheless, the Defendants conspired to act as a tort of occupational breach of trust and disclosure of business secrets by allowing a corporation A and E established by Defendant C to enter into a lease and sales contract with the owners of the above land, with the knowledge that the land was suitable for the construction of solar power plants, with the knowledge that such land was suitable for the construction of solar power plants.

The Plaintiff paid to Defendant B totaling KRW 6,900,000 as wages, KRW 45,650,00 as consulting costs, and KRW 12,80,00 as consulting costs. The Plaintiff suffered damages totaling KRW 65,350,000 as remuneration due to the aforementioned tort committed by the Defendants.

Therefore, the defendants' partial damages amounting to 50,000,000 won.

유사 판례

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