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(영문) 인천지방법원 부천지원 2017.02.08 2016가단110712
손해배상(기)
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 Defendant Company A (hereinafter “Defendant Company”) and its representative infringed the Plaintiff’s trade secret jointly by acquiring, using, and using, the technical drawing for manufacturing the Plaintiff’s medical device (pentn assembly) in an unlawful manner. As such, the Defendants are liable to compensate the Plaintiff for damages under the Unfair Competition Prevention and Trade Secret Protection Act.

Even if the Defendants’ act does not amount to trade secret infringement, Defendant B used the drawing owned by the Plaintiff according to the Plaintiff’s business needs under the recognition that the Plaintiff’s property right is infringed, and thus, Defendant B shall be held liable for general tort pursuant to Article 750 of the Civil Act, and Defendant Company shall be held jointly and severally liable for the tort committed by Defendant B, a representative, pursuant to Article

2. Around March 2016, Defendant B, the representative of the Defendant Company, obtained the Plaintiff’s technical drawing for manufacturing medical instruments (hereinafter “instant drawing”) through C, a branch office around March 2016, and subsequently used the Plaintiff’s technical drawing for manufacturing medical instruments (hereinafter “instant drawing”) by submitting an estimate using the said drawing to the Customer for the marketing of products on or around June 2016, the fact that the Defendant B, the representative of the Defendant Company, was either under dispute between the parties, or under dispute between the parties, and the overall purport of the pleadings, may be recognized by comprehensively taking into account each of the descriptions and images of evidence Nos. 2, 5, 2

However, in light of the above evidence and witness evidence, namely, the timing and background of obtaining the drawings of this case, the shape and purpose of the drawings at the time of obtaining them, and the circumstances of obtaining the drawings of this case, etc., it is difficult to recognize the drawings of this case as the Plaintiff’s trade secret. Moreover, at the time when the Defendant B or the Defendant Company obtained the drawings of this case and submitted an estimate utilizing them, the circumstance that the drawings of this case were owned by the Plaintiff and that the Plaintiff would incur damage due to the utilization of the drawings was known or occurred to the Plaintiff.

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