1. The plaintiff's claim is dismissed.

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

1. Part on the assertion of trade secret infringement

A. The gist of the Plaintiff’s assertion is that the Plaintiff is engaged in food service with the trade name called gumination, and the Plaintiff received technical transfer expenses for food materials and cooking methods, which are the Plaintiff’s trade secrets, and notified the Plaintiff to another restaurant operator, and the Defendant also received the said trade secrets from the Plaintiff.

However, the defendant engaged in food service with the trade name "B" and uses the above trade secret without the plaintiff's permission. The defendant's act constitutes trade secret infringement under Article 2 subparagraph 3 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "Unfair Competition Prevention Act"). Thus, the defendant is liable for tort against the plaintiff.

B. The definitions of terms used in this Act are as follows.

2. The term "trade secret" means any technical or operational information useful for any production and sale methods and other business activities, which is not known to the public, has an independent economic value, and has been maintained in secret by reasonable efforts;

3. The term "act of infringing on trade secrets" means any of the following acts:

An act of obtaining trade secrets by theft, deception, threat or other improper means (hereinafter referred to as "act of improper acquisition"), or using or disclosing trade secrets so obtained (including informing a specific person of such trade secrets while keeping confidential information; hereinafter the same shall apply) to the public.

(b) Acquiring trade secrets or using or disclosing them to the public with knowledge of the fact that an act of improper acquisition of the trade secrets has occurred or without such knowledge due to gross negligence;

(c) After acquiring the trade secret, the trade secret is used or disclosed to the public with knowledge of the fact that an act of improper acquisition of the trade secret has occurred or without such knowledge by gross negligence;