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(영문) 부산지방법원 2017.10.10 2016가단41018
손해배상(기)
Text

1. The Defendants jointly share KRW 6,864,00 with respect to the Plaintiff and KRW 5% per annum from August 2, 2016 to October 10, 2017.

Reasons

Basic Facts

The plaintiff (hereinafter referred to as the "Plaintiff company") is a company mainly engaged in the business of manufacturing, installing, repairing, and inspecting elevators. The defendants are those who retired while in office from the plaintiff company.

Defendant B entered each of the Plaintiff companies around February 27, 2012, Defendant C, and Defendant D around March 5, 2012, and around March 1, 2012, Defendant B entered each of the Plaintiff companies. Defendant B is a general manager managing the elevator maintenance and repair site; Defendant C is a deputy manager managing the elevator maintenance and repair site A/S, and Defendant D is a director in charge of performing duties such as the elevator maintenance and repair site A/S, respectively.

On November 13, 2015, Defendant B retired from each Plaintiff Company around December 15, 2015, Defendant C, and D respectively. At the time of retirement, the Defendants drafted a written oath with the following contents (hereinafter “instant pledge”).

1. He shall fulfill his responsibilities and obligations until the final retirement by thoroughly accepting and handing over the affairs following his retirement, and shall not disclose and divulge all and all of the facts that, at the time of his / her / her / her / her / her responsibilities and obligations, disclosure of any confidential information in the course of his / her / her duties and information

2. The above person is a person who has received education on important drawings and certification related to our business at the time of his/her employment, and thus will not be affiliated with similar and competitive enterprises for one year after his/her withdrawal in accordance with the Unfair Competition Prevention and Trade Secret Protection Act.

5. If the principal violates any of the foregoing, he/she shall be liable for civil and criminal liability in accordance with his/her pledge, regardless of the reasons therefor, and shall be liable for the damages required by the Company.

After retirement from the Plaintiff Company, on December 1, 2015, Defendant B assumed office as an internal director with the power of representation in the Plaintiff Company E (hereinafter “Nonindicted Company”) whose main business purpose is elevator manufacturing, installation, repair business, etc., and Defendant C and D also take office in the Plaintiff Company.

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