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(영문) 창원지방법원 2016.10.26 2013가합1174
영업비밀침해금지 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

Basic Facts

The purpose of the Plaintiff is to manufacture and sell special electricity equipment, environmental pollution preventive facilities and equipment, and shipbuilding machinery and equipment.

On April 17, 2012, Defendant B established Defendant A Co., Ltd. (hereinafter “Defendant Company”) for the purpose of manufacturing and selling metal sanitary supplies, excreta treatment devices, pollution prevention facilities, etc.

The remaining Defendants are working for the Plaintiff Company.

As a result, the employee retired and joined the defendant company.

The Plaintiff developed “the foul waste treatment device due to electrical decomposition” and applied for a patent on September 4, 2006, and on September 10, 2007, the said device was registered as the Patent Act No. 10-075914.

The foul waste treatment method has a great biological treatment and electrical decomposition treatment method, and until the establishment of the Defendant Company, the Plaintiff manufactured and supplied the electrical waste treatment equipment for vessels in Korea only.

On April 17, 2012, the Defendant Company, established on April 17, 2012, developed a foul waste treatment device using electric decomposition and ultra-frequency vibration, and filed an application for a patent with the I “J”, and K registered the device as a patent L.

On May 2012, the Plaintiff heard the awareness that the Defendant Company requested the Plaintiff to supply the same raw materials from the supplier of raw materials, and that the Defendant Company was aware of the registration of a patent for foul waste treatment equipment as above.

The Plaintiff filed a complaint against the Defendant Company and the remainder of the Defendants in violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”), and seized the attached data in the Defendant Company’s office and factory during the investigation (hereinafter “instant data”).

On September 14, 2013, the original district public prosecutor's office rendered a disposition against the Defendants' suspicion of the Unfair Competition Prevention Act (hereinafter "the Unfair Competition Prevention Act"), and the Defendant C obtained while working in the Plaintiff's office around December 201.

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