MyRealTrip, accused of unlawfully using competitor "Minda's" information on Korean guesthouses, also lost in the civil appeals trial.
The Seoul High Court Civil Division 5-2 (Judges Kim Dae-hyeon, Kang Seong-hun and Song Hye-jeong) on this day dismissed both sides' appeals in Minda's appeal seeking an injunction against unfair competition and damages against MyRealTrip. In the first trial, the court ordered MyRealTrip to pay Minda 150 million won.
Earlier, from May 2022 to August of the same year while employed at MyRealTrip, a person surnamed A repeatedly accessed the Minda platform, attempting and canceling bookings multiple times. A is known to have obtained information such as addresses, emails and contact details of Korean guesthouses held by Minda through this method.
The first trial panel in July last year found that MyRealTrip, which carried out these actions, interfered with Minda's business. It said Minda employees had to perform unnecessary tasks such as processing bookings and were prevented from accepting other customers' reservations.
The first trial panel also recognized that MyRealTrip used the information for its business. In particular, it said, "MyRealTrip engaged in sales activities by using the information to newly onboard Korean guesthouses or update their contact details," and added, "As a result, Minda's reservation share and sales for those Korean guesthouses decreased."
However, data theft under the Unfair Competition Prevention Act was not recognized. The court said it could not find that email addresses or contact details of Korean guesthouses constituted independent achievements or data as defined by the Unfair Competition Prevention Act. As of Oct. 2022, about 600 Korean guesthouses were registered with Minda, and the panel found it difficult to see new business value being created from this.
Meanwhile, in the related criminal case, a person surnamed A was fined 5 million won in the second trial following the first. A waived the appeal, finalizing the fine.