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1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuit, the part of the claim for litigation costs is dismissed.
(b).
Reasons
1. The plaintiff's assertion
A. The Plaintiff worked as an insurance solicitor of the Defendant Company. The Defendant Company arbitrarily terminated the insurance contract with C recruited by the Plaintiff on the ground that it was a false assertion that it was a contract due to the Plaintiff’s unfair act, and then took measures to restrict sales for one month against the Plaintiff, thereby causing damages to the Plaintiff, which would be incurred by the Plaintiff, to KRW 1,000,000, which was paid for five months by attaching the insurance premium for the pension insurance to which the Plaintiff subscribed, thereby becoming effective, thereby causing damages to the Plaintiff.
Therefore, the defendant company is liable to compensate the plaintiff for the above property damage, and the plaintiff is also liable for consolation money of KRW 5,000,000 in consideration of the fact that the plaintiff suffered enormous damage to credit due to the above tort committed by the defendant company.
B. The Defendant Company filed an unfair lawsuit (Seoul Central District Court 2015Da500202, and 2017Na12485, the same court that appealed by the Plaintiff) against the Plaintiff and caused the Plaintiff to spend KRW 711,000 for the transportation cost to attend the court. As such, the Defendant Company is obligated to compensate the Plaintiff for this.
2. We examine the legitimacy of the part of the lawsuit of this case, ex officio, as to whether the part of the lawsuit of this case is lawful.
The amount of litigation costs can be repaid through the procedure for the determination of litigation costs and thus there is no benefit in filing a lawsuit separately (see, e.g., Supreme Court Decisions 86Meu803, Mar. 10, 1987; 9Da68577, May 12, 2000). Of the instant lawsuit, the part for which the Plaintiff claimed the litigation costs incurred in the prior lawsuit with the Defendant Company as compensation for damages is unlawful.
3. The plaintiff's remainder.