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(영문) 의정부지방법원고양지원 2020.09.17 2019가단92830
손해배상(기)
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1. As to the Plaintiff’s KRW 78,750,00 and KRW 26,250,00 among them, the Defendant shall pay to the Plaintiff KRW 52,50,000 from April 12, 2019.

Reasons

1. The Plaintiff Company is a legal entity that manufactures and sells medical devices. The Defendant joined the Plaintiff Company as an executive officer in charge of manufacturing and quality around November 2007, and was in charge of the head office from April 2009 to October 2018, and was in charge of the quality head office from October 2013 to December 2014. The Plaintiff Company was in charge of the head office from July 2017 to December 2018. The Defendant was in charge of the head office from July 2017 to December 2018. The Defendant was retired from the Plaintiff Company on March 31, 2019.

Plaintiff

On March 28, 2019, the company and the Defendant drafted a retirement agreement (hereinafter “instant retirement agreement”) and paid KRW 26250,000 to the Defendant on April 12, 2019 in return for the Plaintiff Company’s obligation to refrain from engaging in competitive business.

The main contents of the retirement agreement of this case are as follows.

Article 2(Trade Secrets) (1) The term “trade secret” in this Agreement means any information and data which has property value, such as any data, product information, customer information, customer information, design, plan, specification, application for intellectual property and intellectual property rights, business/ marketing information, computer program application, operating method and personnel-related information, which a retired person has learned by or in connection with an employment relationship with the company or its customers, including:

1. Matters concerning technical secrets, such as research and development of products and production methods;

2. Confidential matters concerning business plans, research and development plans;

3. Matters concerning the sale method of goods;

4. Matters concerning managerial secrets, such as personnel affairs, organization, finance, and computer;

5. Confidential matters concerning partnership projects with other companies;

6. Matters concerning secrets of business information with related companies;

7. Matters of confidential information separately determined by the representative director or the department in charge of the company.

§ 3. The dismissed.

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