c "-> = ~ c:: ~ n r .::::0 ) (""') ) ) ) ) ) ) ) ) ) Plaintiff, v. GOBI PUDUR MUTHUPERIASAMY, Defendant. I f"T1 ::::0 ::X ~ :r \.0 U1 lD -~-, -· or. ,-:;, r~ ,c '"'~) ~ ) ~ Civil Action File No.: _ _ _ _ _ _ _ _ __ 1A 01306 COMES NOW Plaintiff Softcch International Resources, Inc. (hereinafter referred to as "Plaintiff') and files this its Complaint against Defendant Gobi Pudur Muthuperiasamy (hereinafter referred to as "Defendant") and respectfully shows this Court as follows: JURISDICTION AND VENUE 1. Upon information and belief, Defendant is a citizen of India but currently resides in the state ofNorth Carolina. 2. Upon information and belief, Defendant may be served at his place of residence located at 11027 Foxhaven Drive; Charlotte, Mecklenburg County, North Carolina 28277 . 3. Jurisdiction and venue are appropriate in this Court pursuant to Section 14(d) of the Employment, Nonsolicitation, and Confidentiality Agreement which provides that "any legal proceeding arising hereunder will occur in the state courts located in Gwinnett County, Georgia. submit to the personal jurisdiction and Yvnue in Owinn~tt County' -... rc:' - 1 PLAINTIFF'S COMPLAINT The patties heretq aor~~ to ~ c~ . -· anached as Exbi i _'-\... FACTS 4. Plaintiff is a Georgia corporation in the business of providing software development services and on-site software development consulting services to various clients. 5. On or about July 27, 2010, Plaintiff and Defendant entered into an Employment, onsolicitation, and Confidentiality Agreement (hereinafter referred to as "Agreement") whereby Plaintiff agreed to employ Defendant as an Analyst Programmer. 6. The Agreement provides that the Agreement may be terminated by Defendant "after [Defendant's] completion of twelve (12) months of employment with [Plaintiff], and in such event [Defendant] shall provide to [Plaintiff] fifteen (15) days prior written notice of [Defendant's] intent to terminate the Agreement." Section 2(b) of the Agreement. 7. The Agreement further provides that "[i]n the event [Defendant's] employment with [Plaintiff] is terminated prior to completing twelve (12) mo·nt.hs of employment with [Plaintiff], [Defendant] shall be required to pay [Plaintiff] liquidated damages in the amount of Twenty Thousand Dollars and No Cents ($20,000.00) pursuant to Section 12 of this Agreement, plus reasonable attorney's fees and costs of litigation, if any." Section 2(c) ofthe Agreement. e . greement also pro r1 es that - in the event (Defendant] terminates employment with [Plaintiff] within 12 months of the date [Defendant] signs this Agreement, [Defendant] shall pay in United States Dollars twenty thousand dollars and no cents ($20,000.00) to [Plaintiff] as liquidated damages ... [Defendant] agrees to pay all reasonable attorneys fees and costs incurred by [Plaintiff] in enforcing []Section 12." Section 12 of the Agreement. 9. On or about September 15,2010, Defendant terminated the Agreement via an email to Mr. Krishnan Kumar, Plaintiff's representative. Email to Mr. Krishnan Kumar dated September 15,2010 attached as Exhibit B. 10. Thereafter, on September 18, 2010, Defendant sent correspondence to Plaintiff in which Defendant stated the following: I admit to work for [Plaintiff] from September 13, 2010, walked off the job without notice and prior to the contract expiry. I agree to pay the liquidated damages of $20,000 (Twenty thousand dollars only) as mentioned in the signed employment contract to [Plaintiff] by September 24,2010. Correspondence from Defendant to Plaintiff dated September 18, 2010 attached as Exhibit C. 11. The correspondence from Defendant to Plaintiff dated September 18, 2010 attached as Exhibit C is executed by Defendant. 12. In correspondence from Plaintiff's attorney to Defendant dated September 29, 2010, Plaintiff demanded that Defendant fulfill hi~ 99li~~~lQll ~Q DUY JiOUidM~n nnm~un in th~ ~mnnnt dated eprember 29 20 10 13. As of the date of tills Complaint, Defendant has failed to pay Plaintiff liquidated damages in the amount of $20,000.00. COUNT ONE BREACH OF CONTRACT 14. The allegations of the above paragraphs of this Complaint are hereby re-alleged in their entirety and incorporated herein by reference. 15. Section 2(b) of the Agreement provides that the Agreement may be terminated "after [Defendant's] completion oftwe1ve (12) months of employment with [Plaintiff] , and in such event [Defendant] shall provide to [Plaintiff] fi fteen (15) days prior written notice of [Defendant' s] intent to terminate the Agreement. " 16. Section 2(c) of the Agreement provides that "[i]n the event [Defendant's] employment with [Plaintiff] is terminated prior to completing twelve (12) months of employment with [Plaintiff], [Defendant] shall be required to pay [Plaintiff] liquidated damages in the amount of Twenty Thousand Dollars and No Cents ($20,000.00) pursuant to Section 12 of this Agreement, plus reasonable attorney's fees and costs of litigation, if any. " 17. Section 12 of the Agreement provides that "in the event [Defendant] tenninates UlQ~ U'4'LO.l'-'.<1L"'.u ................---o'"""· VUa>. o:> ~~ ~~ ~--=--'""- (~_fJ,OOO .(){)) •. (Defendant) agrees to pay all reasonable attorneys fees and c osts incurred by LPlainti:ff] in enfor cing [ ] Section 12 ." 18. Defendant failed to complete 12 months of employment with Plaintiff. 19. Defendant terminated his empl oyment with Plaintiff within 12 months of the date Defendant signed the Agreement. 20. Plaintiff exercised its right to collect $20,000 .00 in liquidated damages through correspondence sent by Plaintiff's counsel to Defendant. 21. As of the date ofthjs Complaint, Defendant has failed to complete 12 months of employment with Plaintiff. 22. As of the date of this Complaint, Defendant has failed to pay Plaintiff liquidated damages in the amount of $20,000.00 pursuant to the Agreement. 23 . Defendant breached the Agreement by failing to complete 12 months of employment with Plaintiff and thereafter failing to pay $20,000 .00 in liquidated damages pursuant to Section 12 of the Agreement. 24. p Y . The allegations of the above paragraphs of this Complaint are hereby re-alleged in their entirety and incorporated herein by reference . 26. Pursuant to Paragraph 12 of the Agreement, Plaintiff is entitled to the fixed and certain sum of $20,000.00 which represents liquidated damages in the event Defendant terminates employment with Plaintiff within 12 months of the date Defendant signed the Agreement. 27. Defendant terminated hjs employment with Plaintiff within 12 months of signing the Agreement and is therefore liable to Plaintiff for liquidated damages in the amount of $20,000.00. 28. Defendant failed to remit liquidated damages in the amount of $20,000.00. 29. Plaintiff is therefore entitled to pre-judgment interest on the amount of $20,000.00 beginning ·on September 18, 2010 pursuant to O.C.G.A. § 7-4-15 . 30. Pre-judgment interest should be calculated at the legal interest rate of seven percent (7%) per annum pursuant to O.C.G.A. § 7-4-2(a)(l)(A). .:>\. The allegations of the above paragraphs of this Complaint are hereby re-alleged in their entirety and incorporated herein by reference. 32. Section 12 of the Agreement requires Defendant to pay all reasonable attorneys fees and costs incurred by Plaintiff in enforcing section 12 of the Agreement. 33. Defendant breached the implied covenants of good faith and fair dealing contained within Defendant's contract with Plaintiff, acted in bad faith, was stubbornly litigious, and caused Plaintiff unnecessary trouble and expense. 34. Plaintiff is entitled to recover its costs of litigation, including reasonable attorneys fees, in an amount to be determined by the evidence at trial. WHEREFORE, Plaintiff Softech International Resources, Inc. prays for judgment against Defendant Gobi Pudur Muthuperiasamy as follows: A. That Plaintiffrecover from Defendant liquidated damages in the amount of$20,000.00; B. That Plaintiff recover from Defendant pre-judgment interest on the liquidated damages at the rate of seven percent (7%) per annum beginning September 18, 201 0; c. That Plaintiff recover from Defendant attorneys fees and costs of litigation; and D. That Plaintiff be awarded such further relief as is just and proper. , PATE & 8 oy Georg1 Angelina M. Kim Georgja Bar No. 370141 1117 Perimeter Center West Suite W 311 Atlanta, Georgia 30338 Telephone: 678.443 .2220 Facsimile: 678.443.2230 ERJEE, LLC