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(영문) 서울중앙지방법원 2020.05.14 2019나64374
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport:

Reasons

1. Basic facts

A. On October 2014, the Plaintiff entered into a domestic monopoly license agreement with the U.S. D company (hereinafter “D company”) on adult brand E broadcasts, and broadcast the said broadcasts through paid cable broadcasts.

The Plaintiff’s E-broadcasting exclusive license agreement expired on September 30, 2017.

B. Around August 16, 2016, the Defendant joined the Plaintiff Company and served as a PE from June 30, 2017, and had the Plaintiff work for C, a parent company, as the Plaintiff’s parent company, at the time of July 1, 2017, but retired on or around the 20th day of the same month.

At the time of joining the Plaintiff, the Defendant prepared a confidentiality agreement (No. 2, hereinafter referred to as the “instant agreement”) and the main contents thereof are as follows:

Article 2 (Scope of Trade Secrets) The term "trade secret" in this Agreement means:

1. Matters relating to the Plaintiff’s domestic and overseas trading office information, program production and marketing;

2. Business information, including personnel affairs, organization, and methods of financial management.

3. Other information that is not known publicly among the plaintiff's information and has independent economic value, and that is kept confidential by considerable effort, Article 5 (Prohibition of Illegal Use) of the technology, business or management information under this Agreement shall not be used for the purpose of obtaining unjust profit or causing damage to the plaintiff.

Article 8 (Prohibition of Holding Concurrent Offices) The defendant shall not concurrently hold office as an officer or employee of the same or similar enterprise that may divulge the plaintiff's trade secrets during the period of employment, or cooperate with the relevant enterprise by adviser, member of advisory committee, or any other means, or operate the same or similar enterprise.

Article 9 (Duty of Confidentiality) The defendant shall be subject to the duty of confidentiality relating to the matters belonging to the scope of trade secrets under Article 2 even after the termination of employment contract with the plaintiff due to resignation, dismissal, or

C. After retirement, the Defendant is under the name of the mother F.

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