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(영문) 대전지방법원 2014.08.21 2013가합104589
영업비밀침해금지 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s determination as to the cause of the claim is based on the Plaintiff’s assertion that Defendant B, a person in charge of the research of the Plaintiff Company, retired the Plaintiff Company at will, provided the above trade secret data to Defendant C (hereinafter “Defendant C”) while arbitrarily possessing a computer containing the trade secret of this case and its development data, and the Defendant Company developed the product using the trade secret, and thus, filed a claim for injunction against infringement of the trade secret of this case and a claim for damages arising from tort against the Defendants.

The evidence Nos. 1 through 5 alone states that the trade secret of this case constitutes trade secret under the Unfair Competition Prevention and Trade Secret Protection Act; the defendants possess data containing the trade secret of this case; the defendant Eul disclosed the trade secret of this case to the defendant company; and the fact that the defendant company developed the product using the trade secret of this case is insufficient to recognize that the trade secret of this case was developed by the defendant company using the trade secret of this case; and there is no other evidence to acknowledge it; therefore, the plaintiff's claim against the defendants for prohibition of infringement of the trade secret of this case and damages claim against

2. If so, the plaintiff's claim against the defendants is without merit, and it is dismissed. It is so decided as per Disposition.

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