인건비
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The parties' assertion
A. On February 6, 2017, the Plaintiff asserted that the Defendant would receive monthly salary of KRW 3,000,000 as a general manager of the studal studs studs studs (hereinafter “instant studs”) operated by the Defendant (hereinafter “instant studs”) and concluded a labor contract with the Defendant.
From February 6, 2017 to May 15, 2017, the Plaintiff worked at the instant main points for three months. The Defendant paid only KRW 2,100,000,000 as salary to the Plaintiff on April 20, 2017, including KRW 1,00,000, and KRW 1,100,000 as salary.
Therefore, the Defendant is obligated to pay the Plaintiff the unpaid benefits of KRW 7,900,000 (=3-month benefits of KRW 10,000,000 - Payment KRW 2,100,000) and damages for delay.
B. The defendant's assertion did not employ the plaintiff as a general manager of the main office of this case on the condition that he pays a fixed monthly salary.
As the president of the instant main office, the Plaintiff agreed to receive 30% of the net profit derived from deducting all expenses, such as monthly rent and personnel expenses, from the sales that was earned by operating the instant main office. The Plaintiff and the Defendant agreed to receive 30% of the net profit, and there was no money to be additionally paid by the Defendant upon completion of the settlement of accounts between the Plaintiff
2. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 3, 4, 6, 7, and 8, the defendant operated the main points of this case with the trade name of "G" after obtaining business registration and business permission under the name of "F" in the name of his own child from the first floor of the C hotel in Jongno-gu Seoul Metropolitan Government D, and the plaintiff received funds from the defendant from February 2, 2017 to March 2, 2017, and conducted a test work for the main points of this case from February 2017 to May 2017, it can be acknowledged that the defendant operated the main points of this case from May 201.
On the other hand, as a condition that the Defendant pays monthly salary of KRW 3,00,000, the Plaintiff is employed as a general manager of the instant main office.