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(영문) 인천지방법원 2017.04.04 2015가합52080
손해배상(기)
Text

1. Defendants B, C, E, and F jointly share KRW 13,00,725 to the Plaintiff, as well as to the Plaintiff from May 31, 2016 to April 4, 2017.

Reasons

1. Basic facts

A. The relationship between the parties 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff”)

(2) On February 21, 201, Defendant B entered the Plaintiff Company, and the head of the Plaintiff Company’s technical research institute from around May 2, 201 to October 20, 201, together with the tasks such as managing and receiving orders from customers, securing business partners, and requirements from business partners. On June 21, 2013, Defendant C established “G” as an enterprise for manufacturing and selling the same automobile parts as the Plaintiff Company on the 25th day after the retirement of June 21, 2013. (2) From around May 2, 2011 to around October 20, 2013, Defendant C worked as the head of the Plaintiff Company’s technical research institute; Defendant D’s employee from around June 15, 2011 to October 31, 2013; and Defendant E’s director from around December 31, 2012 to around October 31, 2013.

B. On January 3, 2013, Defendant B, C, D, and E drafted and submitted a security pledge of the following contents to the Plaintiff Company:

2. He/she takes an oath not to disclose or divulge, without permission, matters corresponding to all the regulations of industrial property rights, such as trade secrets, development secrets, production secrets, and management secrets of the company.

3. He takes an oath that he will not unlawfully use or take out the company's cadastral or physical property, known to or owned by him, without the consent of the company.

4.Recognizing that it will not be used for a competitor or for a third party, as well as for a person in office and even after retirement, such as starting a business using a company's trade secret or transferring or operating a competitive company for three years after retirement.

C. Defendant C, around September 2013, was taking part Approval process in the PPAP process approval procedure to Defendant C from Defendant B, and the test part.

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