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(영문) 서울남부지방법원 2016.10.11 2015가단60300
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 10, 2009, the Plaintiff is a corporation that runs the Internet education service business, and the Defendant joined the Plaintiff and worked until May 30, 2014, while taking charge of interference with instructors, extracurricular and management, marketing, etc.

B. On August 12, 2009 and September 25, 2012, the Defendant made a pledge, such as the protection of trade secrets, to the Plaintiff, and the contents of the pledge dated September 25, 2012 are as follows.

3. A confidentiality person shall not, for any reason, engage in reproduction, storage, disclosure/use/disclosure for any reason, except where he/she uses the following and other trade secrets acquired during the performance of his/her duties:

(3) other technical/management information useful for business activities, such as personnel, organization, and financial management methods;

7.(3) In order to protect the company's trade secrets, I will not start or work for the same or similar enterprise without the company's prior consent for two years from the date of retirement.

8. The person taking the oath will comply with each of the above commitments for at least two years at the time of retirement as well as at the time of retirement, and will be held liable for civil liability of Samcheon (30,000,000) at the time of a breach of the commitments, including the amount exceeding the amount of the Company’s damage exceeding three million won.

C. In addition, the Defendant, around May 26, 2014, vowed the following contents to the Plaintiff even after the retirement.

I swear that I will comply with the following provisions for two years after retirement of the plaintiff:

1. The following shall not disclose or divulge the Plaintiff’s confidential information and trade secrets, and shall not be absolutely used for the principal’s own start-up or for a third party in competition:

(3) Other matters concerning trade secrets, such as personnel affairs, organization, finance, computer, etc. (9)

D. Since December 24, 2014, the Defendant served in a corporation B, which provides Internet video lectures, such as real estate brokerage practice, etc.

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