1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is a company developing and providing a mobile learning application called “C”, and the Defendant is an employee of the Plaintiff from December 2, 2015 to January 2016, who participated in the production of English text database included in the above language application as the Plaintiff’s employee.

B. On January 5, 2016, the Defendant: (a) prepared a written ban on the disclosure of information that “No one shall leak the database X-cell files provided by the Plaintiff for the foregoing production work, and if so, will be held liable for civil and criminal liability at the time of the passage,” and submitted it to the Plaintiff.

C. Around January 6, 2016, the Defendant sent part of the database X-cell files received from the Plaintiff to D to enable the Defendant to conduct the English preliminary examination work instead of the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant disclosed the Plaintiff’s information without permission and filed a petition with the Labor Agency on the ground that the Plaintiff was in arrears with wages. 2) The Defendant’s unlawful act, as seen above, spent approximately KRW 8,955,150 for personnel expenses incurred in performing the work of replacing the literature, and KRW 3,100,000 for the procedure costs related to the instant case by the Defendant’s false report.

(B) In a case involving a claim for damages due to a tort, the burden of proof of causation between the harmful act and the damage shall be borne by the claimant (see, e.g., Supreme Court Decision 2000Da6566, 65673, Oct. 22, 2002). Thus, the evidence submitted by the plaintiff alone is asserted by the plaintiff.