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(영문) 수원지방법원 2016.09.27 2014가합67815
영업비밀침해금지 등
Text

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

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

Reasons

Plaintiff

On March 19, 2005, Defendant A retired from the Plaintiff Company, carried out a trade secret file listed in the separate sheet No. 1, and infringed the Plaintiff’s trade secret by divulging the above trade secret file to C on February 15, 2012.

On October 31, 2006, Defendant B, when withdrawing from the Plaintiff Company, leaked the files listed in the attached Table 2 on the Plaintiff’s radio-power transmission technology, and infringed the Plaintiff’s trade secret by using it unlawfully.

Therefore, under Article 10 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”), the Defendants are obligated not to infringe the Plaintiff’s trade secret as stated in paragraph (1) of the claim. The Defendants are obligated not to pay the Plaintiff KRW 25 million as compensation for damages under Article 11 of the Unfair Competition Prevention Act or Article 750 of the Civil Act.

The term "trade secret" under Article 2 subparagraph 2 of the Unfair Competition Prevention Act refers to the meaning of trade secret under Article 2 subparagraph 2 of the Unfair Competition Prevention Act, the requirements thereof, and the production method, sale method, and other technical or operational information useful for business activities, which are not known publicly and have independent economic value, and are maintained in secret

In this context, “not known to the public” means that the information is not ordinarily available to unspecified persons because it is not known to the general public, such as the publication, etc. because it is not known to the general public, and “the holder of the information has an independent economic value” means that the holder of the information can benefit from competition to the competitor through the use of the information, or that a considerable cost or effort is needed for the acquisition or development of the information, and that “the information shall be kept confidential by considerable effort.”

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