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(영문) 서울고등법원 2018.07.12 2017나2074017
경업금지 및 위약벌
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. The reasoning for this part of the judgment of the court of first instance is as follows, and thus, this part of the judgment is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following cases.

Part 5, “A decision was received” in Part 14, and the following shall be added:

The defendant filed an objection against the provisional disposition against the above order, but the Seoul Central District Court authorized the above order by 2017Kahap80589 on May 24, 2017. The defendant filed an appeal against this order, but the Seoul High Court dismissed the defendant's appeal by 2017Ra20615 on December 15, 2017, and the defendant filed a reappeal against this order, but the Supreme Court dismissed the defendant's reappeal by 2018Ma502 on April 2, 2018."

Part 5, "No. 35 through 37, 55, and 56" of Part 16 shall be raised as "No. 35 through 37, 55, and 56."

Part 8, "On the other hand, the technology development cycle and the product development cycle in the field of D technology" in Part 6 is different from "On the other hand, there is no ground to regard that the development cycle of D-related technology and products is significantly shorter than two years,"

On the 8th page 11, “The Defendant’s resignation is lower than that of another class, the Defendant received an annual salary from the Plaintiff that was lower than that of another class, and there is no evidence to acknowledge it. However, even if it is so, there is no such circumstance alone that the agreement on the prohibition of competition in this case cannot be deemed null and void.”

Then, following the 8th class “I shall not be deemed to have been paid as an allowance,” “The Defendant asserts that the instant annual salary contract is null and void as an inclusive wage contract, and thus, the amount equivalent to 30% thereof is zero won. However, as seen above, as long as the Plaintiff actually paid the annual salary under the instant annual salary contract, 30% thereof shall be deemed to have been paid as an allowance.”

Parts 9, 16 to 10, and 9 are as follows.

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