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(영문) 서울고등법원 2019.01.25 2018나2016391

해고무효확인 등

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The basic facts;

2. The grounds for this part of the parties’ assertion are as follows: (a) the reasoning of the judgment of the first instance is as stated in Articles 1 and 20 of the Civil Procedure Act; and (b) thus, they are cited in accordance with the main sentence of Article 42

Around February 1, 2012, the second 14th 14th am in the judgment of the court of first instance, “Before February 1, 2012”.

The third 3~6 of the judgment of the court of first instance is as follows.

2) The Defendant: (a) from June 15, 2013 to October 31, 2013, following the completion of the business consignment contract with C, withheld at source a business income tax in the same manner as that set forth by C, and paid monthly remuneration to the Plaintiff; (b) the contract with C was concluded as of October 1, 2013; and (c) the relevant content is as follows.

The contractor C (hereinafter referred to as "A") and the contractor (hereinafter referred to as "B") of the contract for the service (service) (hereinafter referred to as "the contract for this case") shall conclude the contract for the service as follows:

Article 1 (Purpose) “A” shall order “B” to perform the following duties, and “B” shall be completed by being awarded a contract, and shall be performed in good faith:

Article 3 (Contract Contents)

1. The events of sludge and other incidental services thereto;

2. The term “A” and “B” are six months from October 1, 2013 to March 31, 2014 under Article 4 (Contract Place) of the Convention at a casino branch D in Gwangjin-gu Seoul Special Metropolitan City (Contract Period).

Article 6 (Payment of Contract Price)

1. The contract amount shall be ninety-five thousand won per month;

(V.A.T-level)

2. The agency fees shall be paid 16.5% of the total amount per month.

(other than expenses for the management of workers, V.A.T.)

3. Expenses for the management of workers as determined in the business specifications shall be 200,000 won per capita.

The term "A" means the total of KRW 6,600,000 for the expenses for the management of workers paid to "B".

(other than agency fees)

4. “B” shall be the end of each month of the contract amount.