(1) In a claim for damages resulting from an act in violation of this Act, the court may, upon a request of a party, order the other party to prove the damage or to submit data necessary for the calculation of the amount of damage; provided, this shall not apply if the person ordered to submit has good cause for refusing to do so.
(2) Where a person who has received an order to submit under paragraph (1) asserts that there is a good cause for refusing to do so, the court may order the presentation of data in order to determine whether such assertion is valid. In such cases, the court shall not allow others to view the data.
(3) Even if the data subject to submission under paragraph (1) are trade secrets under subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter referred to as "trade secrets"), if the data are absolutely necessary in proving damage or calculating the amount of damage, it shall not be deemed that there is good cause under the proviso of paragraph (1). In such cases, the court shall determine the scope or persons allowed to peruse within the extent not deviating from the purpose of the submission order.
(4) Where a person who has been ordered to submit under paragraph (1) fails to comply without justifiable reasons, the court may recognize as true the assertions of the applicant about the entries contained in the data. In such cases, when there are circumstances in which it is significantly difficult for the applicant to assert in detail the entries in the data and it is difficult to expect the facts intended to be proved with the data to be proved with other evidence, the assertion about the facts that the applicant intends to prove by the entries in the data may be recognized as true.[This Article Added on Aug. 17, 2021]