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(영문) 서울중앙지방법원 2016.12.02 2016가합504112
손해배상등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a juristic person that was established for the purpose of wholesale and retail business, etc.

Defendant B (hereinafter “Defendant Company”) is a corporation established for the purpose of sanitary instruments, ancillarys, wholesale and retail business, etc.

Defendant C was in charge of the Plaintiff’s business and field management at the Plaintiff’s business division from September 5, 201 to December 6, 2013. From May 7, 2014, Defendant C was in charge of the design, business, and field management at the Defendant Company’s design business division.

B. On September 30, 2013, Defendant C drafted the following written oaths to the effect that the Plaintiff would protect the Plaintiff’s trade secrets.

The above person, as well as the working period of the plaintiff, shall not divulge the company's trade secrets to a third party even after his withdrawal, and shall solemnly take an oath to comply with the following:

1.The principal shall be the company:

(a) Matters concerning the current status of the project and business in progress, all of the project and the current status of the business;

(b) Matters concerning personnel affairs, organization, financial accounting, financial standing, etc.;

(c) All matters concerning research and development, etc.;

(d) Matters concerning business partnership, etc. with other companies;

(e) will be aware of all other matters acquired in the course of business as trade secrets and faithfully implement the security management of the company.

2. I will not disclose or unlawfully use to the Company any third party’s secret known to them without the consent of the confidential holder.

3. I will not use the company's trade secrets acquired on business for their own interest without prior approval of the company.

4. I will not divulge, leak or provide the trade secrets of the company acquired in the course of their work to any third party or competitive enterprise, including any competitor, without the approval of the company.

5. I will not, even after their retirement, start up a business or use it for a competitor, with trade secrets acquired at the time of their employment.

6...

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