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(영문) 부산지방법원 2014.07.18 2013고정4782
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
Text

Defendants are not guilty.

Reasons

1. The main point of the facts charged is that the injured company, Inc., Ltd., has its main office at 18 p.m., the Sung-gu Corporation, Changwon-si, Sungwon-si, Gyeongwon-si, and manufactures and supplies vessel engines and parts with a domestic license for vessel engines and parts by concluding a license agreement with the world-wide vessel engine and parts manufacturing chain, MN B & W, and WATSALA.

On the other hand, when requesting a collaborative company to manufacture vessel engine parts, the injured company specifies the confidentiality clause in Articles 18(1) of the Framework Agreement on Trade of Goods that "A shall not conduct direct trade with the ship company or sell parts through the official agency or special agreement store of A and the third company" with the third party, and Article 28(1) of the "A shall not divulge to the third party the knowledge and technical secrets related to the specifications, materials, industrial property, gold, etc. which are known to the parties under the contract, and other matters related to the business and technological secrets related thereto," and is making considerable efforts to maintain the confidentiality of the business technology, such as making it possible to peruse and output the drawings only if the ID granted for viewing the drawings are entered.

Accordingly, the collaborative body of the victimized company should use the design drawing, which is a trade secret of the victimized company, only for the purpose of manufacturing parts to be supplied to the victimized company, and those who are not the collaborative body of the victimized company shall use the design drawing only for the purpose of manufacturing parts to be supplied to the victimized company, only when they receive re-request from the collaborative body of the victimized company.

Defendant

C and Defendant D Co., Ltd. are the executive director in charge of the overall business of Defendant D, the purpose of which is to conduct the business of manufacturing vessel engine parts in Haan-gun G in Haan-nam, Chungcheongnam-gun.

1. The defendant C is above the defendant around January 4, 2010.

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