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(영문) 서울서부지방법원 2015.08.21 2014고단1540
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
Text

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

Reasons

1. The summary of the facts charged is from around December 1, 2002 to June 30, 2012, the Defendant, as the head of the technical support team for “G” program from “Korea FF Co., Ltd. (F)” to “G” as the victim company, was in charge of the technical support, business support, and project establishment, etc., related to “G”, and retired from employment to H, a competitor of the victim company from August 1, 2012.

On June 30, 2012, the Defendant had a duty to return or destroy trade secret data acquired while serving in the damaged company at the time of withdrawal of the victimized company.

Nevertheless, if the Defendant is employed in a competitor after retirement, the Defendant violated the above occupational duties for the purpose of using it for such duties, and retires from the victim company around June 30, 2012,

1. The defendant stored the files related to the company's business, such as G program, quotation, etc. stored in the victim company server in the "DV" Pool "D" Pool and the "D:SVN World" Pool used by the defendant for the company's business, and did not delete 16 files after storing them in an external storage device, such as the files related to the G program stored in the above Pool, as shown in attached Table 1, including the G program, and the files related to the G program stored in the above Pool;

2. Using the motiveation program of the “Syncy”, he/she carried out 105 files as listed in the “HMCRPPSPPPPscescephyscephyscephyscephyscephyscephyscephyscephys, which were stored in the “SVNk” olator using the motiveation program of the “Synccey”. Accordingly, the Defendant acquired economic benefits equivalent to the market value of the above trade secret and suffered economic damage equivalent to the amount of the damage company. 2. The files listed in the attached Table No. 2 are “trade secrets” or “major assets for business purposes.”

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