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(영문) 의정부지방법원 2020.07.10 2019가단122608

임금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that he/she invested KRW 40,00,000 to the Defendant on January 2, 2013 and entered the Defendant with the monthly salary of KRW 1,400,000. The Plaintiff’s office mainly worked in Seoul and left the office in Jeju-do on October 1, 2018. From August 2, 2016 to December 2, 2017, the Plaintiff was paid performance rates for operating allowances and product sales from the Defendant from around August 2016 to the end of December 2017. However, the Plaintiff’s total annual salary of KRW 16,80,000, total annual salary of KRW 16,80,000, KRW 2014, KRW 12,249, KRW 296, KRW 196, KRW 1996, KRW 2019, KRW 198, KRW 2009, KRW 19,000, KRW 209.

B. As alleged by the Plaintiff, the Defendant asserted that, from January 2, 2013 to October 1, 2018, the Defendant joined the so-called four-called four-called insured workers, such as health insurance, national pension insurance, employment insurance, and industrial accident insurance, the insured workers, and filed a tax return as if he paid monthly wages. However, in fact, the Plaintiff did not employ the Plaintiff, but provided that the Plaintiff would contribute KRW 400,000 to the Defendant, while making an investment of KRW 40,000,000, in order to reduce the amount of health insurance, the Defendant demanded the purchase of the health insurance as if the Defendant employed the Plaintiff, and accordingly, demanded the purchase of the health insurance and filed the report. The Defendant asserted that the Plaintiff’s employee is the Plaintiff’s employee.

2. Determination

A. Whether an employee is a worker under the relevant legal doctrine is an employment contract or a contract for employment, and the employee’s wages in substance are wages in the business or workplace.