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(영문) 서울고등법원 2019.07.04 2018나2056849
경업금지 및 손해배상
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of this court citing the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the following additional determination.

2. Additional determination

A. The Plaintiff asserts that, on the grounds that Defendant C had no financial capacity, and that Defendant C had a very lack of professional experience and knowledge in manufacturing and distribution, such as air conditioning water, etc., and thus, Defendant C was jointly operated with and operated with Defendant C or borrowed and operated under the name of Defendant C. Upon examining the result of this court’s personal examination, Defendant C received funds to establish E from her mother, and around that time, Defendant C received money from Defendant B, her husband, and Defendant C received money from her husband, and Defendant C received money from her husband during the operation period of Defendant C’s E, February 2017 and April 2, 2017, and paid money directly from Defendant C (the Defendant requested Defendant C to provide the monthly rent to Defendant A, and Defendant C requested Defendant C to provide support to Defendant C instead of Defendant C.

(2) Defendant C, except for the Plaintiff’s work in F prior to the establishment of E, has no experience in manufacturing business, such as air conditioning water. However, solely on the above circumstances, Defendant C cannot be deemed to borrow the name of the business operator of Defendant C, or to operate E jointly with I or Defendant C, and there is no other evidence to acknowledge this. Therefore, the Plaintiff’s assertion is without merit. Accordingly, the Plaintiff bears the duty to maintain confidentiality of air conditioning water, such as air conditioning water, pursuant to Article 7(3) of the instant contract, and is liable to compensate for damages when leaked to others than the Plaintiff. As such, Defendant C is obliged to prevent the divulgence of products through Defendant C and does not engage in the same kind of business by using the obligation to prevent the leakage of products and the manufacturing method acquired by Defendant CF.

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