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(영문) 인천지방법원 2019.11.26 2019가합51832
영업비밀침해등지등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells chemical drugs and contactes. The Defendant concluded a labor contract with the Plaintiff from December 20, 2002, and served in the Plaintiff’s production department, facility management department, and business department, etc., and retired on October 12, 2018.

The defendant worked as an agent for the first team of the plaintiff's industry from 2012 to her resignation, and was in charge of the sales of the plaintiff's C products.

B. From November 1, 2018, the Plaintiff served as a business employee in D, a competitor company of the Plaintiff.

[Ground of recognition] No dispute, Gap evidence Nos. 1 and 2, Eul evidence No. 1, and the purport of the whole pleadings

2. The plaintiff's assertion refers to the amount calculated by deducting the sales cost from the sales cost, which is the C Product Design Documents and the profits from the profits from the operation of each item, acquired for the business during his/her service or prepared for the transferor while managing a customer in an amount equivalent to 5.5 billion won per annum at the first team of the

The trade secrets, such as trade secret data (hereinafter “C Product Design, etc.”) about the rate table, the details of the business, the product unit price, etc. by the customer, were leaked, and the trade secrets were used to use the said trade secrets to D and carried out business activities with the products of D, which are the same as those of the Plaintiff’s products.

Article 10 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”) (1) The holder of a trade secret may file a claim with the court for the prohibition or prevention of a trade secret where business profit is infringed or is likely to be infringed upon by the act against the person who committed or intends to commit the act of infringement.

(2) When a person who possesses trade secrets files a claim under paragraph (1), the destruction of things constituting the infringement, the removal of facilities used for the infringement, and other relevant matters.

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