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(영문) 수원지방법원 안양지원 2015.05.22 2014고단355
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. From November 1, 2006 to December 13, 2011, the Defendant served as the representative director of the KG in charge of the development, manufacturing, and distribution of medical devices under Article 801-805 of the D Building D, Suwon-si, Suwon-si, and served as the representative director of the KG in charge of the development, distribution, etc. of medical devices from March 20, 201 to March 20, the Defendant served as the representative director of the KG in charge of the development, distribution, and software development.

On March 201, the Defendant, in violation of the Unfair Competition Prevention and Trade Secret Protection Act, established a company which produces the Racer treatment equipment, which was developed and developed in the Dispute Resolution E in the Dispute Resolution Co., Ltd. on March 25, 2011. On March 25, 2011, the Defendant established the Dispute Resolution Co., Ltd., a competitor of the Dispute Resolution Co., Ltd., and acquired the “RFard design drawing, Slick-dong circuit drawing,” which is a trade secret of the Dispute Resolution Co., Ltd., by an influence method, and completed the development of H, which is a racer treatment equipment, by using it, manufactured the said product around November 2012.

Accordingly, the defendant acquired and used the trade secret of the victim company in order to obtain improper profits or to inflict damage on the owner of the trade secret.

B. In accordance with the good faith principle, the defendant in occupational breach of trust has occupational duties not only while in office but also when in office he/she was employed and disclosed, but also after his/her retirement.

Nevertheless, on November 2012, the Defendant, in violation of his/her business duties, produced H, which is a trade secret of the KF Roard Co., Ltd., a trade secret of the KF Round Co., Ltd., by using the “RF Round design drawing and the Slick-dong circuit drawing,” thereby obtaining the amount of accrued financial benefits from the amount of the LF Roster treatment equipment, and at the same time, invested approximately KRW 300 million in the research and development expenses for the rash treatment equipment.

2. Determination

(a) The defendant and defense counsel's arguments are the RF. of the victim company (E; hereinafter the same shall apply).

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