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(영문) 서울중앙지방법원 2020.07.07 2020가단5061412

임금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments;

A. The Plaintiff asserted that the Plaintiff entered into an employment contract with the Defendant which set the wages of KRW 2,50,000 per month, and provided labor in the restaurant of “C” operated by the Defendant from April 1, 2018 to April 31, 2019.

However, the Defendant did not pay to the Plaintiff KRW 32,50,000 (=2,500,000 + 13 months). Therefore, the Defendant should pay KRW 32,500,000 to the Plaintiff.

Even if it is not recognized that the Defendant paid KRW 2,500,000 per month to the Plaintiff, the Plaintiff was insured as the Defendant’s employee, and thus, the Defendant should pay KRW 7,675,895, which was reported as the Plaintiff’s salary at the time of entering into the 4th insurance policy.

B. The defendant did not conclude a labor contract with the plaintiff.

The plaintiff prepared for a partnership with the defendant, and only was engaged in the restaurant operation service from the defendant intermittently, and did not provide the defendant with labor in a subordinate relationship for the purpose of wages.

Therefore, the defendant cannot respond to the plaintiff's claim of this case.

2. Determination as follows: (a) the fact that the Defendant purchased the so-called four major insurance from October 2018 to July 2019 against the Plaintiff does not conflict between the parties; or (b) the fact that the Defendant purchased the so-called four major insurance from around July 2018 to around July 2019 by the statement in

However, the Plaintiff asserted that there is no objective data supporting that the Plaintiff agreed to pay wages between the original Defendant, such as the Plaintiff’s working days, working hours, wages, and retirement allowances, and the following circumstances acknowledged by the overall purport of the argument and the statement in subparagraph 1-2, 3 of the evidence No. 1-3, and the entire purport of the argument, and that there is no objective data supporting that the Plaintiff agreed to pay wages between the original Defendant, such as wages, etc., but only the Plaintiff, who intended to work together with the Defendant, will work as the Defendant’s employee.