2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. The Plaintiff is a person who was employed as a main restaurant from July 10, 2011 to March 14, 2014 in the restaurant located in the name of “D” (hereinafter “instant restaurant”) in the prime city of prime city, and was retired from the restaurant, and was not paid annual leave allowances of 3,215,310 won and retirement allowances of 1,869,472 won.

B. On March 2, 2015, the Defendant was charged with summary order of KRW 1 million on March 2, 2015, which issued a summary order of KRW 2015,00,00 on the facts constituting an offense in violation of the Labor Standards Act that “the Plaintiff, as an operator of the restaurant of this case, did not pay KRW 3,215,310 and retirement allowances 1,869,472 within 14 days from the date of retirement without an agreement on the extension of the due date for payment between the parties,” and the Defendant was issued a summary order of KRW 1,00,000 on March 27, 2015. The Defendant did not request a formal trial for the above summary order, and the above summary order became final and conclusive as is,

(A) The summary order of this case is the summary order of this case). [The grounds for recognition: facts without dispute, Gap's evidence of 1 to 10, Eul's evidence of 1 and 4, Eul's evidence of 7-1 and 2, and the purport of whole pleadings]

2. The plaintiff asserts that the defendant, as an employer, has the obligation to pay the plaintiff the unused leave allowance and retirement allowance on a yearly basis. The defendant asserts that the restaurant in this case is the franchise of Dona, Incorporated Agricultural Company, Dona (hereinafter "Dona,") and the defendant is merely entrusted sales management, and is also Dona, Dona, with the authority and responsibility for personnel, wage payment and accounting. Thus, the plaintiff's employer, who is the plaintiff's employer, bears the duty of wage and retirement allowance, is not the defendant but also Dona.

3. In light of other evidence submitted in a civil trial, the fact that a criminal judgment already became final and conclusive on the same factual basis in a civil trial shall be deemed as a flexible evidence, and thus, the facts of the criminal trial shall be judged in light of other evidence.