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서울북부지방법원 2018.11.09 2018가단108848
손해배상(기)
Text

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 running a liquor wholesale business, and the Defendant was in charge of the business as the Plaintiff’s managing director from July 1, 2015 to December 3, 2016.

B. On March 7, 2016 and September 20, 2016, the Defendant drafted a written oath (hereinafter “instant pledge”) with the following terms and conditions employed by the Plaintiff.

I shall not divulge any confidential information he/she has become aware of in the course of his/her service and even after his/her retirement, nor conduct any act of infringement or competition.

In addition, if a written oath is withdrawn from office to another company, it will be deemed to be imprisoned in any case in which we have the existing customers and deal with them.

In particular, it is not permitted to escape from the trading line without the prior consent of the company for five years after retirement.

At the time of this, a written oath shall retire and be employed by the severance company, and the plaintiff's business place shall be deprived of the liability to compensate for damages for a transaction for not less than one month.

The criteria for liability for damages for the year shall be calculated on the basis of a monthly sales ledger (supply price) tax invoice (supply price) from the day immediately preceding the previous year from the month of the year of the deprivation of trading business from the month of the year of the deprivation of trading business, to the monthly sales (supply price) from the day immediately preceding the year of the previous year, and the selective compensation for damages shall be calculated on the basis of the monthly sales (supply price) tax invoice from the day immediately preceding the year of the previous year (20% shall apply to the business place. Other than 15% shall be applicable) 3 months and 6 months or 12 months, and the compensation for damages shall be claimed continuously for three years and shall be excluded when the

C. From May 1, 2017 to April 23, 2018, the Defendant is serving in the Comprehensive Alcoholic Beverages Construction Co., Ltd. (hereinafter referred to as “Bedju”) that operates alcoholic beverage wholesale business.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff paid the Plaintiff’s subsidies and expenses to the Plaintiff’s business establishment, and general manager of the business.