임금
The defendant shall pay 41,00,000 won to the plaintiff and 5% per annum from March 1, 2012 to March 14, 2014, and the next day.
According to the facts without dispute as to the cause of claim, Gap evidence Nos. 1 and Eul evidence Nos. 2 and the purport of the whole pleadings, the plaintiff is obligated to pay the plaintiff damages for delay calculated at the rate of 20% per annum as stipulated under the Labor Standards Act from April 1, 2011 to March 14, 2012, since the plaintiff worked for the defendant from February 29, 2012, and the wages in arrears during the above service period are 41,00,000 won. Thus, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 41,00,000 won for the above overdue wages and 5% per annum as stipulated under the Civil Act from March 1, 2012 to March 14, 2012 from the date following the retirement date, and the next day to the date of full payment.
As to the Defendant’s assertion, the Defendant jointly decided on the proposal of the Plaintiff and B to jointly operate the business of selling character products, and the Plaintiff et al. proposed to pay part of operating income in the form of salary when demanding the Plaintiff et al. to be able to lead domestic and foreign businesses, and registered the Plaintiff as an employee, so the Plaintiff is not a worker. However, there is no other evidence to acknowledge this.
Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.