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(영문) 전주지방법원 2021.03.31 2019나10364

임금

Text

All appeals filed by the plaintiffs and the preliminary claims added by these courts are dismissed.

after the filing of an appeal.

Reasons

1. The court's reasoning for this part of the judgment on the primary claim is the same as the reasoning of the judgment of the court of first instance, and therefore, it cites it as it is in accordance with the main text of Article 420 of the Civil Procedure Act (Article 111-122 of the Civil Procedure Act (including the evidence duly adopted and examined by the court of first instance) (Article 111-122 of the evidence submitted by the plaintiffs to the court of first instance, the result of inquiry of each fact in this court, and the testimony of witness D of this court, it is difficult to change the facts and judgment acknowledged by the court of first instance (the judgment that it is difficult to view the plaintiffs to be a worker who provided labor to the defendant in a subordinate relationship with the defendant for the purpose of wages at the defendant's business or place of business), and there is no error as alleged by the plaintiffs in

A. In a case where the plaintiffs' preliminary cause of claim and the defendant's relationship constitute a contract relationship, not an employment relationship, the defendant is obligated to pay to the plaintiffs the amount of 93.222 million won equivalent to the unpaid benefits and the unpaid services cost of 16.2 million won and the delayed damages.

B. In full view of the evidence submitted by the Plaintiffs, such as evidence No. 28, and the testimony of witness D of this court, the existence and specific contents of the contract and the service subsequent thereto between the Plaintiffs and the Defendant, the progress situation and the degree of fairness, the service cost, etc., are insufficient to be specified and recognized. Thus, the Plaintiffs’ preliminary claim is without merit without any need to further examine the remaining points.

3. If so, the judgment of the first instance is legitimate, and all appeals by the plaintiffs are dismissed as it is without merit. The plaintiffs' preliminary claims added by this court are dismissed as they are without merit. It is so decided as per Disposition.