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(영문) 서울남부지방법원 2014.03.18 2012가합1413
영업비밀 침해행위 금지 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Status 1 of the parties is a stock company that operates software development and supply business, etc., and the Plaintiff is a stock company based on the RIA method for the development of a company’s business-use program (RIA).

hereinafter referred to as “RIA’s initiative” by referring to an indecent design program based on the RIA method.

[2] As of April 16, 2007, Defendant C had been working as the Plaintiff’s technical research institute on September 30, 2009 and set up Defendant B (hereinafter “Defendant B”) for the purpose of software development business, etc. on October 8, 2009.

Defendant D served in the Plaintiff’s technical research institute from August 11, 199 to May 31, 2010, and went back to Defendant B on June 1, 2010, and Defendant B served in the Plaintiff’s technical research institute from January 28, 2008, and went back on November 17, 2009, and was employed in Defendant B on November 18, 2009, while serving in the Plaintiff’s research and development team from March 12, 2003 to December 31, 209.

B. The Plaintiff and Defendant B’s products and Defendant B’s patent application 1) developed and sold “K,” and “L,” which are RIA’s leading. Around May 2010, the Plaintiff completed the development of “M,” which is a new product, as a program for the same purpose. (ii) around August 2010, Defendant B sent “JV1.0 (v “JV”)” as the RI’s leading around 2010; and (iii) around October 2010, published “IV 1.0”; and (iv) 2.0 of each of the above programs around May 201.

(hereinafter referred to as “N” in the foregoing two programs collectively. From December 28, 2010 to December 20, 2011, Defendant B supplied N Programs to the Field Library, Simpart, International Organization for Telecommunications, Trading Center, and Korea Central and Medium Power Generation Co., Ltd.

3) In addition, Defendant B’s patent of “OP” (application number Q, hereinafter “instant First Patent”).

) A R’s patent (application number T, et al.) for “S”.

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