A. The Plaintiff received instructions from Defendant B from November 1, 2004 to March 16, 2009, and performed the duties of managing the site and human resources at the construction site of the subordinate company designated by Defendant B.

B. The Plaintiff received each transfer of KRW 3,300,000 or KRW 3,500,000 each month from Defendant B over several times during the above period.

C. Defendant B established the Defendant Company on March 17, 2009, and is working as the representative director of the Defendant Company from that time to that time.

From March 17, 2009 to November 18, 2014, the Plaintiff received instructions from the Defendant Company, and performed the work of managing the site and human resources at the construction site of the subcontractor designated by the Defendant Company.

E. The Plaintiff received KRW 3,400,000 or KRW 3,384,700 each month from Defendant B over several times during the period from March 2009 to June 7, 2010, respectively, and was produced from Defendant D, stating that the Defendant Company was the director of the two team of the Defendant Company (hereinafter “instant name”).

F. On October 31, 2017, the Plaintiff filed a complaint against Defendant B on charges of violating the Act on the Guarantee of Workers' Retirement Benefits with the Central District Court of Incheon District Court’s 2017 High Court Decision No. 22173, that “Defendant B shall be punished by a fine of KRW 4,000,000,” and the summary order became final and conclusive around that time.

(hereinafter “instant criminal procedure”). [Grounds for recognition] Gap’s evidence Nos. 1 through 5, Eul’s evidence No. 6, and the purport of the entire pleadings

2. The allegations by the parties and their determination

A. The Plaintiff’s assertion 1) The Plaintiff, who was employed by Defendant B from November 1, 2004, asserted that on March 16, 2009, the day before the establishment date of the Defendant Company, the day before the establishment date of the Defendant Company, was “ March 17, 2009.” However, according to the description of the evidence No. 6, the Plaintiff’s assertion that the day before the establishment date of the Defendant Company was “ March 16, 2009.”

up to Defendant B.