(영문) 수원지방법원 2019.10.15 2018가단537063

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(영문) 수원지방법원 2019.10.15 2018가단537063

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 Company is a company that installs a clean studio, clean studs, etc. and manufactures and sells Aluminium profiling files, static vinyl, etc.

B. Around March 23, 2015, Defendant B entered the Plaintiff Company and worked as the director of the Engineering Team division, and retired on March 29, 2018 when performing the duties of designing products, etc., counseling to customers, written estimates, and receiving orders. Defendant C joined the Plaintiff Company on February 15, 2017 and retired on March 30, 2018.

C. Around March 13, 2018, Defendant C prepared and delivered to the Plaintiff a written oath with the following content.

1. Defendant C shall not infringe upon, or divulge to a third party, the following trade secrets, etc. known to the Plaintiff Company after retirement:

(a) All matters concerning trade secrets, such as the trading cost, trading line, customer list, method of selling goods, etc.;

(b) All matters concerning technical secrets, such as design drawings, construction works, and production of products;

(c) All matters concerning managerial secrets, such as personnel affairs, organization, finance, education, and training;

(d) Confidential matters concerning research and development projects, business plans and development plans;

(e) Other matters concerning the secrecy of return;

2. Defendant C does not conduct a competitive business with Defendant B for a period of two years after the retirement of the Plaintiff Company, and undertakes that all legal responsibilities should be imposed in the event it sets forth in paragraphs 1 and 2 against intention or negligence.

1. (As described in paragraph (1) of the defendant C’s written oath);

2. The defendant B confirms that the corporation's material related to paragraph 1 has been returned to the corporation, and that any of the above material is not kept individually.

3. The defendant B assumes that the company will be employed by or will not be engaged in competitive business for two years after the retirement of the company.

4. The defendant B shall be legally liable for the violation of paragraphs 1, 2, and 3 and shall be punished by penalty to the company.

유사 판례

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-인천지방법원부천지원 2017.11.15 2015가합103073

-부산지방법원 2017.10.10 2016가단41018

-수원지방법원안양지원 2020.02.07 2018가합100965

-서울중앙지방법원 2012.05.23 2010가합131727