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(영문) 인천지방법원 2016.11.17 2013가합18512
손해배상(기)
Text

1. The Defendants jointly share KRW 40,000,000 with respect to the Plaintiff and the period from September 30, 201 to November 17, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells automatic packaging machines, and Defendant B joined the Plaintiff on October 23, 200 and was engaged in the sales business of automatic packaging machines as a director of domestic and foreign business division, and retired from the Plaintiff on September 30, 201.

Defendant C was employed by the Plaintiff in around 1995, and was engaged in the design of automatic packaging machines at the research institute, and was withdrawn from the Plaintiff in around 1999, and around March 2002, Defendant C established and operated “D”, which is a manufacturer of the same kind of automatic packaging machines.

B. During the period from July 11, 2008 to January 26, 201, Defendant B’s transmission of the Plaintiff’s data, and Defendant C’s automatic packaging machine production, sales1) as to the e-mail used by Defendant C using one’s own e-mail, each file of the attached list containing the Plaintiff’s production drawing, etc. (hereinafter “each file of this case”). Where each file is individually named, “the instant 1 file” and “the instant 2 file, etc.” according to the sequence in the attached list.

(2) The Defendant C sent 4 units of automatic packaging machines (RTAR PAS PAS PA, model number: F, etc.) produced in D to the Company E, a producer, as a broker from September 201 to September 201, 201, and sold 339,117,000 won for automatic packaging machines (RTAR PAS PAS PAS, model number: H, etc.) produced in D to the G company in New Zealand (hereinafter “New Zealand G company”).

Defendant B received a total of KRW 18,582,00 from Defendant C to the Agricultural Cooperative Account in the name of Defendant B, as a fee, after each of the above sales.

C. Around September 10, 2011, Defendant B, who was aware of the act of leakage and sales brokerage of each file of this case, and Plaintiff B, was present at the Switzerland exhibition as a director of the Plaintiff’s business division. Around September 10, 201, the Plaintiff’s J who accompanied the said exhibition to the said exhibition and used the accommodation together.

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