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(영문) 서울남부지방법원 2016.06.15 2015가단17443

인건비 및 위자료

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 25, 2014, the Plaintiff’s summary of the Plaintiff’s assertion was requested by the head of the Defendant’s employee C head office to participate in an entertainment for promoting the Defendant’s franchise business, and the Plaintiff went D to the Defendant’s publicity director.

C The head of the headquarters appointed the Plaintiff and D as the Defendant’s public relations director at least three times, opened the Defendant’s two points under D’s name, and proposed that D will guarantee 5 million won per month of the payment of promotional directors’ benefits and 50% of the revenue of 2 points (a.e., about 5 million won). D accepted this, and the Plaintiff and D agreed that the Defendant’s representative director, etc. enter into a contract around October 12, 2014.

After that, D began to publicize the defendant's business, and the plaintiff also recruited the defendant's agency owner and colored the place for opening the second-point relocation, and reported it to C every day.

However, after the plaintiff's trust that the contract will be concluded after the final negotiation stage of the contract, the defendant committed an illegal act that unfairly destroys the contract.

From the end of September 2014 to the beginning of March 2015, the Plaintiff spent a large number of time to publicize the Defendant’s franchise and to color the store in a suitable place for the Defendant’s 2 points, and suffered mental suffering, such as making it difficult for the Plaintiff to maintain the relationship with D due to the Defendant’s unfair termination of the contract, as well as resulting, the Plaintiff is suffering from living conditions.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 9.258.260, which is equivalent to urban daily wage, from October 1, 2014 to February 28, 2015, the period for which the Plaintiff worked for the Defendant (i.e., KRW 84,166 x 22 days x 22 days x 5 months) and the amount of consolation money for mental damage totaling KRW 19,258,260,000,000.

2. Determination

A. First, a contract was concluded between the Plaintiff, D, and the Defendant on the content of the Plaintiff’s assertion

In order to conclude a contract with the plaintiff or D, the contract is concluded with the plaintiff or D through the final negotiation stage as alleged by the plaintiff.