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(영문) 서울중앙지방법원 2015.06.05 2014가합554465
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact that the Plaintiff was a company aimed at software development and distribution, etc., and the fact that the Defendant was an employee working as the director of the Plaintiff’s research and development office from November 2009 to February 13, 2012 is recognized by taking full account of the overall purport of the pleadings in the items in the evidence Nos. 1 and 2.

2. The assertion and judgment

A. The Defendant, regardless of the Plaintiff’s business, developed a display case to obtain an estimate related to motor vehicle regardless of the Plaintiff’s business, and made the server using a fixed ID (IP) accessible only within the Plaintiff’s inside, and then sold the case to an individual Nohbuk computer.

After that, personal information stored in the Plaintiff’s server was leaked due to hacking of the Defendant’s Nowon North Korea.

The personal information leaked was used illegally to a third party.

In February 3, 2012, the Seoul Metropolitan Government Investigation Team seized the Plaintiff’s server and investigated the Plaintiff’s employees as reference witnesses around that time.

위 수사로 인하여 원고는 업무를 할 수 없었고 결국 주거래처인 소외 에스케이네트웍스인터넷 주식회사로부터 계약 해지를 당하는 등으로 매출이 급감하는 손해를 입었다.

The plaintiff's above damages occur when the defendant moved the plaintiff's server to the Nowon computer which is vulnerable to security for private purposes.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 1 billion out of the partial amount of KRW 1,946,713,528 (1,251,258,385 won as to the 2013. 695,455,143 won as to the 2012. 1,251,258,385 won as to the 2013.

B. According to the purport of the entire pleadings, the statement of Gap evidence No. 3, the defendant developed the term "C", other than his/her business, and the defendant used the server No. 180 among the plaintiff's server for personal use by transferring the server No. 180 to his/her own Nowon Computer.

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