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(영문) 서울중앙지방법원 2019.04.30 2017가단5222804
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 31, 2016, the Defendant was appointed as the Plaintiff’s internal director and representative director. On March 13, 2017, the Defendant was appointed as a joint representative director with C on March 13, 2017, and resigned from the joint representative director on October 23, 2017.

B. As of January 1, 2017, a written employment contract (No. 2-1, hereinafter “instant contract”) with the following contents as of January 1, 2017 was prepared, and the Defendant’s seal is affixed to the worker column of the instant contract.

Article 9 (Duty of Service) (1) A worker shall not divulge any confidential information, such as business information, which he/she has acquired in the course of performing his/her duties, to any other person even after his/her retirement, and shall assume civil or criminal responsibility

(2) A worker shall not be employed in making his/her business information, etc. acquired on duty at the time of his/her employment gain personal or third party's profit, and in such cases, he/she shall compensate for the larger amount between the amount of company's loss

(5) Workers shall be disqualified from being engaged in the same occupational category as a start-up or the same occupational category for three years after retirement.

C. As of January 1, 2017, the Defendant’s seal is affixed to each of the instant letters, written as follows (No. 2-2, hereinafter “instant letters”).

I shall not disclose or divulge the trade secrets of your company to a third party for three years after his retirement as follows, and shall not concurrently engage in or use information for other companies which start up or compete with the similar company, or for other third parties:

-Cho-Co. A

1. Matters concerning trade secrets, such as proposals and methods of entrusted operation;

2. Matters concerning management and confidential information, such as personnel affairs, organization, and finance;

3. Matters concerning business plans, etc.;

4. Business secrets related to apartment management;

D. On March 1, 2017, the Defendant: (a) resigned from the Plaintiff; and (b) on April 17, 2017, the instant case involving “D Co., Ltd. for the purpose of operating sports facilities and entrusting the management thereof.”

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