(영문) 부산지방법원 2020.07.03 2019나49885

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(영문) 부산지방법원 2020.07.03 2019나49885

기타(금전)

Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount:

Reasons

1. Basic facts

A. The Plaintiff is running the business of selling, managing, etc. of mobile phones C (hereinafter “C”) and mobile phone-related goods with the trade name “D” with theJ as its head office in Kimhae-si.

B. From May 2017, the Defendant is working at K “L” located in Yangsan City, a branch of “D”.

On June 1, 2018, the Plaintiff entered into a consignment contract with the terms of being entrusted with the sale and management of mobile phone and mobile phone-related goods (hereinafter “instant consignment contract”), and the Defendant entered into the said consignment contract with the Plaintiff and entered into an agreement on confidentiality and prohibition of competition (hereinafter “instant agreement on confidentiality and prohibition of competition”).

Article 9 [Confidentiality and Prohibition of Competitive Business] (1) A party to this contract may not provide or disclose to a third party any confidential information known or acquired during the term of this contract (a pledge of level management practice) for a period of two years after the expiration of this contract and this contract.

2. The defendant shall not, without the plaintiff's prior consent after the termination of this contract (attached Form - a pledge of confidentiality and prohibition of competition), engage in the same or similar work as the contract for the competitor of the same industry in the attached business group C.

③ In a case where the Defendant violated the provisions of paragraphs (1) through (2), the Defendant shall immediately pay the Plaintiff penalty of KRW 30,000,000.

3. Protection of information;

(b) will not access the customer database without legitimate authority, and will not use the subscriber information to attract other mobile network operators or provide other mobile network operators with it.

On the other hand, the defendant's pledge to the extent that the defendant entered into the above consignment contract and prepared separately for the plaintiff shall contain the following contents:

C. On June 19, 2018, the Defendant concluded the instant consignment contract with the Plaintiff as of June 30, 2018.

유사 판례

-서울남부지방법원 2018.06.22 2015가합111885

-서울중앙지방법원 2017.07.07 2016가합515440

-서울동부지방법원 2020.09.25 2019가합107157

-수원지방법원성남지원 2016.06.23 2015가단223359

-서울중앙지방법원 2016.12.14 2016가합532858