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Chapter 191 Non-competition disputes (4)

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    The clerk's fingers tapped on the computer keyboard quickly, and the crackling and crisp sound of tapping on the keyboard sounded like an accompaniment to Lin Ziyao's righteous speech.

    He Bing took a pencil and made marks on the case files.

    He Bing raised his head and said: "The court debate will begin next. Both the plaintiff and the defendant should grasp the conflicting focus of the case, and be concise and concise. Don't repeat what has been said before."

    After contacting He Bing twice, Lin Ziyao found that He Bing is a judge who doesn't like to be verbose.

    Lin Ziyao spoke first as the plaintiff's representative: "Dear presiding judge, the factual relationship of this case is clear and the evidence is indeed sufficient. 1. The evidence provided by the plaintiff that the defendant went to work at the company c's business premises, work cards and other evidence, and the witness  The testimony of He Qigang¡¯s witness echoed each other, forming a complete and fully credible chain of evidence, which can prove that the defendant Chen Shanwei worked at company c and assigned a design and development position, which is the same as the defendant¡¯s appointment and responsibility at the plaintiff¡¯s company.  It was not the defendant's argument that he introduced engineers for Company C. The defendant's behavior had violated the non-competition contract signed with the plaintiff company, and he should bear the liability for breach of contract;  The plaintiff does not agree with the defense of the defendant. Article 7 of the non-competition contract signed by the plaintiff and the defendant clearly stipulates that as long as there is any competition or potential competition between enterprises, they are all enterprises subject to non-competition by the defendant.  , the so-called potential competition here includes competition in products and regions. This is an absolute prohibition on the defendant without any flexibility. Of course, the prohibition also has a time limit, which is two years. Now the non-competition agreement has been fulfilled for just one year, and it is still in the performance period.  However, the possibility that the businesses of the plaintiff company and C company will intersect in the next year cannot be ruled out, so the defense of the defendant cannot be established.¡±

    Lin Ziyao paused and continued: "3. The plaintiff disagrees with the defendant's request to adjust the liquidated damages in court. The defendant has worked in the plaintiff company for five years with an annual salary of 800,000 yuan.  30% of the monthly income was paid to the defendant as non-competition compensation, that is, 240,000 yuan, and the non-compete period was agreed to be 24 months, and the plaintiff had been paying the defendant¡¯s compensation in full and on schedule as stipulated in the contract; when signing the non-compete contract, the original  The defendant and the defendant agreed on a liquidated damages of three times the annual salary of the defendant on the basis of equality.  The technology, manpower, and financial support of the plaintiff company, and has visited advanced countries and regions for many times to study and study. On the unique platform of the plaintiff company, it has obtained irreplaceable resources and mastered advanced technology. The plaintiff company has always regarded the defendant as a key talent  Although the defendant is very good personally, it would not be possible to grow so fast if he did not have a platform like the plaintiff¡¯s company. In 2018, the defendant proposed to resign, and the plaintiff tried to retain him many times, but the defendant decided to leave.  Liberty Maintenance agreed to the defendant's resignation application, but the defendant has mastered many technical secrets of the plaintiff's company. These secrets have been in the leading position in the industry in a short period of time, and the plaintiff has invested a lot of costs in technology research and development. The defendant obtained these technical secrets  The prerequisite is to work in the plaintiff company. In order to protect its intellectual property rights and legitimate rights and interests, Company A set up a liquidated damages of 2.4 million yuan, which is completely reasonable. In fact, the liquidated damages of 2.4 million yuan is absolutely not enough to satisfy the defendant¡¯s breach of competition  If the loss caused by the business contract to the plaintiff, the insufficient part of the plaintiff will continue to recover from the defendant. Article 123 of the General Principles of the Civil Law includes commercial secrets as the object of intellectual property protection, and non-compete is essentially to protect intellectual property rights.  Property rights, our country has always been committed to protecting intellectual property rights, because some knowledge is first private knowledge, trade secrets, patents, and equations that no one knows, and it slowly becomes public knowledge after a few years, because of this process we  In order to ensure the continuous progress of knowledge, the ultimate goal of intellectual property rights is for social progress. The regulations on non-competition and the millions of liquidated damages paid by workers who violate the competition contract seem cruel, but if it is not the case, the harm will not only be  A company's business interests, but the whole society's motivation for knowledge creation."

    Qin Bo said: "Dear presiding judge, whether the defendant breached the contract in this case should be determined based on whether the defendant has engaged in the non-compete project stipulated in the non-compete agreement. The defendant provided the service of an intermediary engineer to company C. Based on this, the defendant will  This can also be confirmed by company C¡¯s evidence. The testimony of the witness He Qigang said that the defendant¡¯s recommendation as the chief engineer of the design team was also He Qigang¡¯s subjective assumption. In fact, the defendant only voluntarily helped company C.  It¡¯s just a product recommendation, and I didn¡¯t participate in the development.¡±

    Qin Bo himself couldn't believe this lie, but he still had to bite the bullet and continue talking nonsense without changing his face.

    Qin Bo said: "In addition, Company C and the plaintiffThe company does not currently have a competitive relationship. There is no legal basis for the plaintiff¡¯s agent to conclude that the defendant has breached the contract based on the competition that may or may never occur in the future. The presiding judge is requested not to accept the plaintiff¡¯s statement  .  Finally, the defendant believed that the amount of liquidated damages stipulated in the non-compete contract was too high, and the defendant once again requested the court to adjust the amount of liquidated damages ex officio. Although the non-compete agreement was signed by the defendant, in the labor market, the employer has the majority position  The situation is higher than that of the laborers, especially for a listed company like the plaintiff company, which is not something that my client, a small engineer, can compete with. When the defendant signed the non-employment agreement when he left his job, if my client does not sign  This non-compete agreement may not be able to resign from the plaintiff company smoothly, so my client signed the non-compete agreement under this unequal and relatively weak situation; performing the contract according to the liquidated damages of 2.4 million is obviously against me.  My client is unfair. My client is a technician. The current technical field is advancing rapidly. My client may be eliminated if he does not update his knowledge for a day.  It is far from being able to make up for the cost paid by my client. Corresponding to the compensation of 240,000 yuan, there is a liquidated damages of 2.4 million yuan. If my client did not cause any losses to the plaintiff company or even violated the non-compete agreement, the 2.4 million yuan  The liquidated damages are obviously too high. Using high liquidated damages to imprison the rights of vulnerable workers while the employer only needs to pay a small price is obviously contrary to fairness and justice.  I request the court to dismiss all the plaintiff's claims in accordance with the law.  "(Remember this site URL: www.hlnovel.com
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