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(영문) 서울고등법원 2015.02.05 2014나22576
영업비밀침해금지 등
Text

Among the plaintiff's claims that have been changed in exchange in this court, the service specified in the attached Form is assigned to the defendants.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to the Plaintiff’s assertion that the Defendants infringed the Plaintiff’s trade secrets by using the design program developed by the Plaintiff, and seeking damages based on the Plaintiff’s use of the design program and the return of design data owned by the Defendants, as well as the tort caused by trade secret infringement.

The first instance judgment dismissed all of the Plaintiff’s claims against the Defendants on the ground that the Plaintiff’s design program cannot be deemed as trade secret, and there is no evidence to deem that the Defendants possessed design data. The Plaintiff appealed against the remainder of the damages claim.

(B) The plaintiff changed the claim to seek the structural calculation statement, the structural design drawings and all other incidental data prepared in relation to the services listed in the attached Form in this Court.

【Evidence 【Evidence】 A of the premise facts and the purport of the entire pleadings (i.e., the Plaintiff is a company for building structure design and supervision. Defendant B and D are working as the Plaintiff’s employee from February 1, 2000 to January 4, 2012 and serve as a joint representative director by establishing the Plaintiff and the Defendant A of the same type of business as the Plaintiff (hereinafter “Defendant A”) on January 4, 2012. Defendant C also serves as the Plaintiff’s employee from January 2003 to January 201, 2012 and serves as the employee of the Defendant Company after withdrawal.

The Plaintiff filed a criminal complaint against Defendant B, C, and D on the ground that the Plaintiff used the “E Design Exclusive Program” that constitutes the Plaintiff’s trade secret, which was acquired by the said Defendants while working for the Plaintiff, for the design of the Defendant Company’s “HF-Bam” (HF-Bam). The Plaintiff filed a criminal complaint against the Unfair Competition Prevention and Trade Secret Protection Act.

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