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(영문) 의정부지방법원고양지원 2017.11.23 2016가단90987
손해배상(기)
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. A party’s relevant Plaintiff company is a company that produces, repairs, etc. shopping malls on its website. Defendant B’s company is a business employee from July 4, 2013 to September 30, 2014; Defendant E is a design maintenance worker from April 22, 2013 to September 30, 2014; Defendant D is a person who retired from office as a head of the program team from April 15, 2013 to October 6, 2014; and Defendant C is a person who retired from office as the head of the program team.

B. Defendant B, E, and D, at the time of joining the Plaintiff Company, prepare a membership pledge with computerized information acquired at the time of his/her retirement from the Plaintiff Company to either start-up or transfer his/her position to a competitor company or not to do so, and an electronic information acquired at the company, and a security memorandum of work that the company will not take out of the company.

C. On August 4, 2014, immediately before the retirement of the Plaintiff Company, Defendant B established and operated “F” (this trade name was changed to “G”; hereinafter “Nonindicted Company”) which carries on the same kind of business as the Plaintiff Company by designating Defendant C, the wife, as the business owner, and Defendant E and Defendant D are employed by the Nonparty Company after retirement.

As a result of the relevant criminal case, the Plaintiff Company filed a complaint against Defendant B, while leaving the Plaintiff Company, to use customer information DB, which is a trade secret of the Plaintiff Company, without permission, and to punish the Plaintiff Company as a violation of the Unfair Competition Prevention and Trade Secret Protection Act. 2) On December 24, 2015, the Goyang Branch Office of the Government's High Prosecutors' Office of the Republic of Korea issued a disposition against the violation of the Unfair Competition Prevention and Trade Secret Protection Act on the ground that it is difficult to view the above customer information DB as a trade secret because it is difficult to view it as a trade secret because it is difficult to view it as a trade secret because it is difficult to view it as a trade secret even if it falls under the

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