(영문) 서울남부지방법원 2018.02.28 2017가단210062

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(영문) 서울남부지방법원 2018.02.28 2017가단210062

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in freight forwarding and transportation agency services for marine cargo, air cargo, etc., and the Defendant is employed as the team leader of the Plaintiff Company B on December 8, 2014 and performs the duty of managing customers in Daejeon-Naming and Chungcheongnam-Naming areas.

A retired on October 30, 2016 is currently serving as the leader of the C branch office of the Siris Global Corporation (hereinafter “Siris”) who currently engages in the same kind of business as the Plaintiff Company.

B. At the time of joining the Plaintiff Company, the Defendant: ① “a written pledge” with the content that “in the case of causing loss to the company by intention or negligence without committing any misconduct in connection with the duties; ② “a written pledge of management of information technology” with the content that “in the case of compensating for losses to the company, i.e., losses to the company”; ② “a written pledge of management of information technology” with the content that “in the case of failing to divulge any business information, such as transaction information acquired at once, even after the termination of the contract term and the termination of the contract; ③ did not disclose or divulge trade secrets to a third party during the two years after retirement; and did not use them for the third party in competition with the Plaintiff; and should not be used as a whole for the Plaintiff; and if so, compensation for damages is violated, the Defendant prepared a written pledge

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. (1) The Plaintiff’s assertion made a judgment on the claim related to additional costs due to the delay in the return of containers (1) was entrusted with marine transportation from New Franzers’ Day, Inc. (hereinafter “New Franzers”), and the delivery of goods was completed, but there was an inevitable delay in the return of one container due to the Korea Coast Guard’s legal management situation.

Accordingly, the plaintiff, a person in charge, has the defendant containers in the above emergency situation.

유사 판례

-수원지방법원 2017.12.22 2016고단8394

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-인천지방법원 2017.05.19 2016고단3520

-서울동부지법 2010. 11. 25. 선고 2010가합10588 판결

-인천지법 2005. 2. 4. 선고 2001고단709 판결