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(영문) 수원지방법원 평택지원 2017.09.21 2016고단2751
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant in the facts charged of this case is the representative director of corporation D with the purpose of printing and publishing the design located on Pyeongtaek-si C2, and the victim E (representative director F) is a company with the purpose of manufacturing and selling cosmetics located in G in Sejong-si.

From May 2015, the victim company started the development of the “H Mamact” (hereinafter “the instant Mamact”), and produced the gold type used in its production. Among them, the victim company entered into a processing entrustment contract upon requesting the Defendant Company D to print the I shape on the Mambling, which is a component of the Mambling, and to provide the I form in gold. On July 2015, the Defendant sold the Mam factoring in the instant case.

According to the above processing entrustment contract, the defendant does not sell or have a third party sell the Masc factoring or the like product to a third party without the prior consent of the victim company, and all the outcome of industrial ownership and know-how, etc. arising from the entrusted business process belongs to the victim company. The defendant has a duty of care of a good manager to use the data obtained from the victim company for purposes other than entrusted business or to keep and manage the data received from the victim company with the duty of care of a good manager by starting or divulging the confidential information or information of the victim company to a third party, and to not divulge the information to a third party without consent of the victim company.

Nevertheless, on September 2, 2015, Defendant Co., Ltd. violated the aforementioned duties and entered into a contract with J and the victim company to produce and deliver various Masc factorings using the instant Mcact production methods and gold-types developed by the victim company, and on September 3, 2015, Defendant Co., Ltd. to 11,000,000 won from J Co., Ltd. to the national bank account in the name of D (K) under the pretext of contract deposit.

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