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(영문) 대전지방법원 2012.02.22 2010고단1107
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. Defendant A is the representative director of Company D (hereinafter “Defendant Company”) established on September 13, 2005, and Defendant B is the director of the Victim E Co., Ltd. (hereinafter “victim”) from May 15, 200 to February 2008, who takes overall charge of the business of experimenting, researching, and developing products with respect to the efficacy, etc. of products with respect to eco-friendly high-pollution pesticide products, and the business of managing products, such as fund management of the said company, purchase of raw materials, etc.

Defendant

B On September 13, 2005, when the defendant company was listed as a director with 15% shares in the shares of the defendant company at the time of the incorporation of the defendant company, and the defendant company's work together is not allowed to acquire, use, or divulge trade secrets useful to the company for the purpose of obtaining unjust profits or causing loss to the company, but it used trade secrets related to the production of eco-friendly organic farming materials acquired at the time of the defendant company's work for the defendant company to produce and sell eco-friendly organic farming materials similar to that of the defendant company.

Defendant

Around May 1, 2007, the Defendant’s disclosure of business secrets and occupational breach of trust, as a director in charge of the research, product development, fund management, purchase, etc. of eco-friendly pesticide products of the above company at the office of the above victim company of the company of Jung-gu Daejeon, Daejeon, Daejeon, as a director in charge of the above company’s research, product development, financing, and purchase, etc., and should not faithfully perform his/her duties and divulge internal data, despite the existence of such occupational duties, the Defendant prepared a e-mail by using computers used by the defendant in violation of the duty, stating six raw materials and input rates of the victim company, such as “scams”, “C”, “nons”, “nonscams”, and “nonscambling”, and sent them.

Accordingly, with the aim of acquiring illegal benefits, the Defendant is a trade secret, a useful to the victim company.

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