The law firm Cheongchul (Lead Attorneys:  Um Sang-yoon, Lee Young-kyung) recently represented a client, who is an online sales broker, in a case where the opposing party claimed that the client had forced them to disclose the names of their business partners, alleging that this amounted to a violation of trade secrets, and filed a lawsuit for damages. Cheongchul successfully obtained a ruling of complete victory for the defendant (dismissal of the plaintiff's claims).

• The client, engaged in online sales brokerage, requested that the opposing party, using the client's cyber mall services, submit documentation regarding counterfeit sales. However, the opposing party refused. As a result, when the client imposed usage restrictions on the cyber mall, the opposing party filed a lawsuit for damages, claiming that the client's request for documentation was a violation of Article 2, Paragraph 3, Item (a) of the Unfair Competition Prevention Act for 'violation of trade secrets.'

'Violation of trade secrets' refers to any of the following acts: - Acquisition of trade secrets through theft, deception, coercion, or other unfair means (hereinafter referred to as 'unfair acquisition') or the use or disclosure of acquired trade secrets (including informing a specific person while maintaining confidentiality, hereinafter the same).

Cheongchul stated regarding this civil case,

1. the measures taken fall under the terms of service to fulfill the obligations of online sales brokers, and,

2. it was explained according to the legal principles of the Unfair Competition Prevention Act that the requested documentation does not pertain to trade secrets under the Act, and,

3. it was clarified that there were no acts of violating trade secrets such as theft or coercion as per the Unfair Competition Prevention Act.

The court dismissed all claims for damages against the client from the opposing party based on Cheongchul's opinion, leading to a ruling of complete victory for the client.

Unfair competitive acts and violations of trade secrets under the Unfair Competition Prevention Act should be addressed only after a thorough analysis by specialized lawyers regarding the specific facts involved, as well as comprehensive review of the relevant laws and interpretations.

Cheongchul's success in defending against this damages claim signifies a stable progression of the client's business through the definitive resolution of the disputes related to this matter, and also allowed for the recovery of litigation costs, which contributed to the client's satisfaction with the outcome.

The lead attorneys Um Sang-yoon and Lee Young-kyung, who undertook this case, have both been appointed as technical protection experts under the Small and Medium Business Administration since 2022, actively engaging in corporate consulting and litigation.

The law firm Cheongchul promises to continue doing their utmost solely for the benefit of the client.