(영문) 서울서부지방법원 2020.08.18 2019가단270531

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(영문) 서울서부지방법원 2020.08.18 2019가단270531

손해배상(기)

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1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. The Plaintiff’s summary of the Plaintiff’s assertion: (a) the Plaintiff worked as the team leader of the Plaintiff Company D (hereinafter “Nonindicted Company”); (b) the Defendants concluded a service contract with the Nonparty Company from June 3, 2019 to July 3, 2019, and (c) the Plaintiff’s team members were in charge of publicity of the sales of officetels and recruitment of buyers (hereinafter “instant sales business”).

② In the event that the Defendants recruited the number of officetels buyers and concluded a sales contract, the non-party company: (a) paid the Defendants the commission of KRW 5 million to the Plaintiff, the team leader, respectively; and (b) accordingly, paid the Defendants the commission corresponding to their recruited number until the retirement.

③ On July 23, 2019, the Defendants demanded payment of KRW 7 million to the effect that the Plaintiff did not pay allowances, even though there was a rule that the team leader shall pay KRW 1 million out of the fee received by the team leader for each of the pertinent cases (hereinafter “special allowances”), where the team members had the Plaintiff enter into a sales contract with his/her family members or relative relatives.

④ However, the Plaintiff did not have a special allowance agreement with the Defendants, and there was no such agreement or rule in the service agreement with the Nonparty Company.

⑤ Nevertheless, the Defendants continuously requested the Plaintiff to pay special allowances, and upon the Plaintiff’s refusal, a criminal complaint was filed against the Plaintiff (Seoul Western District Prosecutors’ Office 2019 type No. 36779).

However, the investigative prosecutor did not consult on the plaintiff(s).

6. The defendants' criminal complaint was filed in bad faith with the knowledge that the plaintiff had no civil liability for payment. The defendants' criminal complaint was filed for the purpose of monetary payment. The damages suffered by the plaintiff due to their unfair criminal complaint, i.e., lawyer for criminal case response.

유사 판례

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