임금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The Defendant is a stock company incorporated on March 10, 2017 for the purpose of establishing and operating convenience store franchises for “C” (hereinafter “C”).
B. On September 29, 2017, the Plaintiff concluded a joint agreement between the Defendant and D (one person “E”) with the Defendant, and was engaged in the recruitment of new franchisees C from November 2017.
C. The Defendant paid the Plaintiff KRW 11,475,410 in total from November 201 to February 2018 (i.e., KRW 3,00,000 on November 25, 2017) (i.e., KRW 2,981,150 on December 21, 2017).
On July 5, 2018, the Defendant sent to the Plaintiff a written notification stating the termination of franchise contract, the return of business subsidies, the return of the vehicle and corporate identification card, and the claim for the refund of shares or the payment of share transfer proceeds, and the said written notification reached the Plaintiff around that time.
[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 3, the purport of the whole pleadings]
2. The parties' assertion
A. The Plaintiff is the Defendant’s employee who entered into a labor contract with the Defendant around November 2017, and was paid KRW 3,000,000 per month by the Defendant’s representative director.
However, the Defendant paid only wages for four months from November 2017 to February 2018 to the Plaintiff, and did not pay wages from March 2018 to August 2018.
Therefore, the Defendant is obligated to pay the Plaintiff the unpaid wages of KRW 18,000,000 for six months from March 2018 to August 2018 (=3,000,000 per month x six months) and delay damages.
B. On November 2017, the Plaintiff concluded a partnership agreement with Defendant F and agreed on February 14, 2018 when taking charge of the recruitment business of new franchise stores C (hereinafter “instant partnership agreement”).
After March 2018, the plaintiff entered into a business support franchise contract with the defendant, and is delegated by the defendant to handle the affairs related to the recruitment of new franchise store C.