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(영문) 춘천지방법원 강릉지원 2018.09.04 2018나30280

임금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Determination on the cause of the claim

A. The gist of the parties’ assertion 1) Plaintiffs A for three months from February 1, 2017 to May 5, 2017, and Plaintiff B for five months from February 1, 2017 to July 4, 2017 (hereinafter “Plaintiffs each period of employment”).

3) Each of the Defendants jointly operated “F” jointly operated by the Defendants in Gangnam-si E (hereinafter “F”)

(2) The Defendants are jointly and severally liable to pay the Plaintiffs the wages calculated as the daily wage in agricultural villages (Plaintiffs A8,122,025, Plaintiff B, 13,624,575) and damages for delay from the date following the date on which the Plaintiffs’ respective labor provision was completed with respect to each of the above amounts. (2) The Defendants were able to provide the Defendants with both salary and salary payment agreements with the Defendants, or did not provide the Defendants with labor.

B. In light of the following facts and circumstances, it is reasonable to view that the Plaintiffs concluded a labor contract with the Defendants and the Defendants, and the Plaintiffs provided labor in the two salary grades of this case operated jointly by the Defendants during each working period, based on the above labor contract, in light of the following facts and circumstances: (a) whether there exists a labor contract between the Plaintiffs and the Defendants; and (b) whether there is a labor contract between the Plaintiffs and the Defendants, and (c) whether there was a labor contract between the Defendants

① On January 26, 2017, Plaintiff A closed down the source of origin, which was previously operated on the previous day; around January 30, 2017, the Plaintiff leased a room near the instant double-wing place from G and demanded G to return the said room’s lease deposit on or around May 10, 2017; and on February 6, 2017, the move-in report was made to the instant double-wing place on the instant double-wing place on February 6, 2017, and was transferred to J and 101 on June 9, 2017, all of the Plaintiffs’ assertion that they provided labor in the instant double-wing place during their respective working periods.

(2) G.