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(영문) 대구지방법원 2016.01.28 2015가합202289
손해배상(기)
Text

1. The Defendants jointly share KRW 30,000,000 with respect to the Plaintiff and 5% per annum from June 18, 2010 to January 28, 2016.

Reasons

1. Facts of recognition;

A. A. An overview of the Defendants’ business: (a) around March 2007, Defendant B entered the Plaintiff Company that was engaged in the manufacture and sale of boiler, etc.; and (b) around January 21, 2010, it managed the overall business of the Plaintiff Company’s representative director and the overall president of each affiliate company; and (c) retired from the Plaintiff Company on or around January 21, 2010. After withdrawal from the Plaintiff Company, Defendant B retired from the Plaintiff Company, around Jun. 25, 2010, Defendant B Company F (hereinafter “F”).

Defendant C, D, etc., retired from the Plaintiff Company, and engaged in boiler manufacture and sales business. Of that, Defendant B, with the intent of the Plaintiff to acquire and merge the said F, transferred F’s business assets to the Plaintiff in KRW 2.5 million, and received KRW 400 million in consideration of the transfer of F’s business assets to the Plaintiff. Since then Defendant B, around October 29, 2010, at Asan-si G, Inc., an affiliate to the Plaintiff (hereinafter “H”).

A) Around February 201, when H was established and was employed as a representative director, the management of H has deteriorated and was removed from the representative director. Around the end of February 201, the said H began to engage in the boiler manufacturing and sales business again with the name of H from G in Busan Special Metropolitan City I (hereinafter referred to as “F 1”; F after H liquidation is called “F 2”; and F is called “F” without such distinction.

(2) Around February 22, 1999, Defendant C joined the Plaintiff Company and was in office as a quality improvement team J while performing duties, such as preparing and managing design drawings in laboratories, Defendant C retired from the Plaintiff Company on May 10, 2010, invested shares in F1 created by Defendant B, and made a boiler design and manufacture work together with Defendant B.

As seen above, when the above F1’s business was transferred to H, Defendant B again performed the boiler design and manufacturing work in H in accordance with Defendant B, and Defendant B started the business of F2, and Defendant B again performed the boiler design and manufacturing work in F2 according to Defendant B.

3 Defendant D entered the Plaintiff Company on January 3, 2007 and designed the boiler.

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