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(영문) 서울남부지방법원 2017.02.09 2016가단225111
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. The Plaintiff is a company that operates Internet education services, etc., centering on verification, publication, education, and employment education (hereinafter “Plaintiff company”). The Defendant is a person who works as a chief director and a senior vice-president of CG that controls the customer center of the Plaintiff company from December 15, 2014 to April 30, 2016.

B. On December 15, 2015, at the time of employment of the Plaintiff Company, the Defendant signed a written oath (Evidence A 3) stating the following:

(hereinafter referred to as the “instant written oath”) . 5. 5. [Prohibition of Concurrent Office, etc. 3] He will not start a business or work for a similar or similar entity without the company’s prior consent for two years from the date of his retirement. 4) He will not promote a business in competition with the company or implement the business through a third party by entering into a contract with an officer or employee related to the company at the time of his retirement.

6.[Pledge] A principal shall comply with each of the above commitments for at least two years during his/her service as well as at the time of his/her retirement, shall be liable for civil liability of 30 million won in the event of a breach of the commitments, including an amount exceeding thirty million won in the amount of the Company’s damage exceeding thirty million won.

C. On April 19, 2016, the Defendant signed a written oath (Evidence A 4) stating the following at the time of retirement of the Plaintiff Company:

(hereinafter referred to as “instant trade secret protection pledge”). The principal undertakes to comply with the matters set forth below for two years after retirement of the Bank of Korea:

2. He/she shall not promote any project in competition with A or implement the project through any third party by utilizing human resources, know-how, and content of the LA and the internal information, transaction information, etc. of the LA.

(1) Conduct a project through a contract with an officer, employee, instructor, or customer in connection with the Bank of Bankruptcy (4) promote a project by which the officer, employee, or director of the Bank of Bankruptcy has entered into a contract;

D. The defendant is immediately after the retirement of the plaintiff company.

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