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(영문) 대법원 2017.11.29 2017다24113
영업비밀침해금지 등
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court, based on its stated reasoning, excluded the Defendants from calculating the amount of damages, on the ground that it is difficult to view that the part of selling Radrying equipment among the Samsung Electronic Sales Co., Ltd., Defendant B’s Samsung Electronic Sales was

In light of the records, the judgment of the court below is not erroneous in the violation of the rules of evidence and incomplete hearing.

2. As to the ground of appeal No. 2, the lower court did not recognize any damage to the sales of the remaining equipment on the ground that there is no evidence to acknowledge that the technical file of this case was applied to the equipment other than the radrying equipment among the Defendant equipment of this case.

In light of the records, even if examined, the judgment of the court below did not err in the violation of the rules of evidence, the reasoning and the incomplete hearing.

3. As to the ground of appeal No. 3, the lower court determined that the Defendants’ act of infringing on trade secrets contributed to the profits gained from manufacturing and selling the Defendant’s equipment to the extent of 3%.

The determination of the facts-finding or ratio with respect to the contribution portion and the degree of trade secrets belongs to the exclusive authority of the fact-finding court as long as the principle of equity is not deemed to be remarkably unreasonable.

In light of the facts acknowledged by the court below, the judgment of the court below to the extent of 3% of the contribution ratio is not considerably unreasonable in light of the principle of equity, and the grounds of appeal disputing this do not accept.

4. As to the ground of appeal No. 4, prohibiting infringement of trade secrets shall prevent an infringing person from taking advantage of the superior position, such as the starting point and time saving in favor of fair competitors by the infringing person.

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