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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Defendant served at CPatent Law Office operated by the Plaintiff as a patent attorney from December 7, 201 to June 30, 2014.
B. On January 1, 2014, the Plaintiff entered into an agreement with the Defendant for confidentiality and prohibition of transfer (hereinafter “instant agreement”) on the following terms and conditions to protect the trade secret:
(‘A’ and “B” refer to the Plaintiff and the Defendant respectively). (Scope of Trade Secrets) In this Agreement, Article 2 (Scope of Trade Secrets)
1. Business information of the company;
2. Business information, including personnel, organization, and financial management, and marketing methods;
3. Information on customers;
4.In addition, Article 6 (Measures at Time of Retirement) of the Technology, Business or Business Information, which is not known to the public among the information of Gap, has an independent economic value and has been maintained in secret by considerable effort, shall be returned to the company any data containing matters related to the trade secret, such as a detailed statement, note, note, note, report, street, magnetic tape, disc, or other recording medium, under the management of Eul at the time of retirement, and any copy thereof shall not be retained individually.
Article 9 (Liability in Cases of Breach of Duty) (2) If a violation of the obligations under this Agreement causes damage to a Party A, Eul shall compensate for all such damage without delay, and the amount of damage shall be presumed to be three times the last wage he/she has received.
C. On June 30, 2014, the Defendant deleted personal e-mail, etc. stored on a business computer while retired from office.
The plaintiff filed a complaint with the defendant on the ground that the defendant interfered with the plaintiff's business by deleting the business instruction of the company stored in the business-related domain account, the details of contact with the customer, and the official notification of the company. On January 7, 2015, the prosecutor of the Seoul Western District Prosecutors' Office shall make the part related to the company's business through the internal approval system.