1. The plaintiff's claim is dismissed.

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

1. Summary of the parties' arguments

A. On September 5, 2014, the Defendant, as the Plaintiff’s employee, was in charge of the development, maintenance, and repair of the labelling program, deleted five originals and three final copies from among the labelling program owned by the Plaintiff, refusing to accept the transfer and receipt of the labelling program. Accordingly, the Plaintiff suffered damages due to the Plaintiff’s failure to properly cope with the Plaintiff’s request for modification of the labelling program’s implementation file, etc.

However, in order to re-production the deleted program by the Defendant, the technician who is entitled to receive the benefit of KRW 6 million per month for at least seven months, and the Plaintiff should additionally pay KRW 1,500,000 per month to the external company that is in charge of the Defendant’s work to delete the program for at least four months, and the Plaintiff suffers a lot of pain due to the deletion of the Defendant’s program.

Therefore, the Defendant should pay the Plaintiff damages amounting to KRW 80 million (i.e., cost of program production, additional payment cost of KRW 42 million, KRW 60 million, KRW 32 million), and delay damages.

B. The Defendant did not delete the labelling program owned by the Plaintiff, and even if not, the Defendant cannot recognize the amount of damages claimed by the Defendant.

2. In order to accept the claim of this case, it should be recognized that the Defendant deleted the labelling program owned by the Plaintiff.

However, even after examining all the evidence requested by the Plaintiff, such as the witness C, it is insufficient to recognize that the Defendant deleted the labelling program owned by the Plaintiff (in particular, according to the statement of No. B No. 1, the Defendant is going to work at the Plaintiff’s representative director on September 4, 2014, prior to the retirement of the Plaintiff’s director, even if he/she takes over the labelling program, it is necessary to continue to work at the time when he/she goes to work on the face of the Plaintiff, and when he/she completes the drilling.