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(영문) 수원고등법원 2020.08.19 2019나18125
전직금지 청구의 소
Text

The plaintiff's claim that the court changed in exchange for the defendants is dismissed in entirety.

The total cost of the lawsuit shall be the cost of the lawsuit.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows, except for dismissal or addition below.

(The main sentence of Article 420 of the Civil Procedure Act) 2. Goon part of the judgment of the first instance, all of the 4th "G of the 11st and 7th of the judgment of the first instance," "K and G", shall be deemed "K and stock company."

Under the fourth sentence of the judgment of the first instance, the "Evidence A 1 through 19" of the 10th sentence shall be "Evidence A 1 through 19, 34, 37".

The fourth and fourth parts below of the first instance judgment shall be dismissed as follows:

The Defendants, who acquired the Plaintiff’s trade secret connection and construction technology, transferred their trade secret to the Plaintiff’s competitor, thereby infringing upon the use of the trade secret. Defendant C also violated the prohibition agreement on the transfer of trade secret under the instant pledge. Therefore, Defendants B, D, and E are selective damages under Article 11 of the Unfair Competition Prevention Act or tort under the Civil Act; Defendant C, selectively, is liable to compensate the Plaintiff for damages under Article 11 of the Unfair Competition Prevention Act or tort under the Civil Act or the non-performance of the contract on the transfer of trade secret; Defendant C is liable to pay damages for damages under Article 11 of the Unfair Competition Prevention Act or the non-performance of the contract on the transfer of trade secret; and each of the damages suffered by the Plaintiff, KRW 10,000,000, which is part of the damages suffered by the Plaintiff, and the damages for delay thereof, respectively. Article 2 subparag. 2 of the former Unfair Competition Prevention and Trade Secret Protection Act (amended by Act No. 1620, Aug. 24, 2019).

Part VI of the judgment of the first instance is "J" in Part VII as "J Co., Ltd.".

Under the sixth through tenth of the judgment of the first instance, the part "However, he may not be feasible from now on" cannot be claimed by the plaintiff.

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