beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff Co., Ltd. Research Institute (hereinafter “Plaintiff Co., Ltd.”) is a corporation aimed at designing and supervising the building structure. Defendant B and D are working as the employee of the Plaintiff Co., Ltd. from February 2, 2000 to January 4, 2012, while establishing the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) for the same type of business as the Plaintiff Co., Ltd. on January 4, 2012 and currently serving as the joint representative. Defendant C also served as the employee of the Plaintiff Co., Ltd from January 2003 to January 2012, 2012.
B. On December 23, 2013, the Plaintiff filed a complaint against Defendant B, C, and D on the ground that the said Defendants used the “E design-only program” (hereinafter “the instant program”) which was acquired by the Plaintiff Company’s trade secrets, during the Plaintiff Company, for the design of the “HF-bem synthetic report” by the Defendant Company (hereinafter “the instant program”). On the instant complaint case, on the grounds that there was no evidence to deem the instant program to be a trade secret with an unofficial nature, etc., and that there was no evidence to deem that the instant program was not known publicly.
[Ground of recognition] Facts without dispute, evidence No. 9, purport of the whole pleading
2. Determination
A. Determination on the prohibition of use of the instant program and claim for damages 1) Defendant B, C, and D, while serving in the Plaintiff Company, acquired the instant program, which is a trade secret of the Plaintiff Company, and infringed on the Plaintiff Company’s business profit by using the instant program after its incorporation. Thus, the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”).
Accordingly, the Defendants are prohibited from using the instant program, and the Defendants are not entitled to use the instant program.