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(영문) 인천지방법원 2016.09.02 2015가합60081
손해배상 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures the packaging machinery (products, etc. listed in the attached Table 1; hereinafter referred to as "sulperulic machine") and sells it to agencies, importers, etc. in a foreign country. The Defendant C Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) is also a company that manufactures and sells the above-mentioned packaging machinery.

B. From December 30, 2013 to August 19, 2014, Defendant B served as the Plaintiff’s overseas business agent. At the time of joining the Plaintiff, Defendant B drafted a security pledge (No. 2) with the following contents.

Security pledges.

1. All business matters (domestic and foreign), development matters, design drawings, and other matters that the plaintiff becomes aware of while on duty shall be treated as trade secrets;

2. (Omission) No private possession, disclosure, or disclosure shall be made with respect to all business matters of the Company, such as all design drawings and business specifications, details of development, details of production, management details, etc. of the Plaintiff Company.

3. Not only while in office but also after retirement, it will not be used for a competitor or other third party, such as start-up or transfer of business or start-up to a competition company using the design drawings and business contents of the Plaintiff company.

C. In addition, on March 25, 2014, Defendant B drafted a written confirmation (Evidence A No. 3) as follows while working for the Plaintiff.

Certificates shall be written.

1. (Omission) He shall treat all business matters he has learned while working in the Plaintiff’s Business Department as trade secrets and shall not leak them externally or personally, and shall not disclose them to others orally and shall give priority to security.

2. He/she shall refrain from personally visiting or discharging out any business information and documents, including business documents (a written estimate, written contract, loan list, etc.), business data (integrated of business data and documents), business information (integrated of business data and documents), business information (integrated of business data and documents), etc. when he/she retires;

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