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(영문) 수원지방법원 2019.10.30 2018가합29286
위약금지급 및 전직금지 청구의 소
Text

1. The Defendant shall calculate the amount of KRW 20 million to the Plaintiff at the rate of 12% per annum from April 19, 2019 to the date of full payment.

Reasons

(b) start-up of a competitor regardless of form (2) employment in a competitor (including a company’s shareholder, business partner, director, auditor, agent, adviser, adviser, adviser, adviser, employee, and other form of business participation, performance of duties) research institute, school, cooperation company of a competitor, etc. (3) employment in the competitor, but in substance, bypassing employment in the competitor to provide labor, information, technology, or related work to the competitor, regardless of form such as service entrustment, contract, delegation, agency, work assistance, etc., (4) employment in which the competitor would be engaged, if the person in question would be engaged in any form of profit-making activities such as start-up or employment during that period, or any other form of employment, such as start-up, employment, or employment, or any other form of employment, and shall be notified to the company before the start-up or start-up to obtain the company’s consent thereto.

* Competition: D (including Eaffiliated), F, G, H, I, J, etc. * Major trade secrets: Flash Memy design ( circuit design, Megaling, etc.)

7. In the event of the breach of each of the above commitments, I will promptly compensate for all damages as well as civil liability in accordance with the relevant laws.

In particular, upon the violation of Paragraph 5, I will return in full two times the amount received from the Company in return for the contract prohibiting the transfer under Paragraph 5.

around that time, the Defendant received KRW 100 million from the Plaintiff as the consideration for the instant contract prohibiting the transfer of occupation (hereinafter “instant contract prohibiting the transfer”).

E. On November 1, 2018, the Defendant entered D Co., Ltd. (hereinafter “D”) and served until now.

F. The Defendant retired from D on May 1, 2019, which was after the decision to approve the provisional disposition under paragraph (1), and entered on June 3, 2019 again.

F. On December 28, 2018, the Plaintiff filed an application against the Defendant for provisional disposition, such as prohibition of change of occupation (this court 2018Kahap10460), and the said application.

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