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

Purport of claim and appeal

1...

A. D, a non-medical person who was established and operated the instant hospital, established and operated the Evalescent Hospital under the name of the Defendant (hereinafter “instant hospital”) on May 13, 2015, employing the Defendant, an oriental medical doctor.

D and the Defendant: (a) on July 20, 2015, registered an oriental medical doctor with sound credit rating C as the founder of the instant hospital due to financial difficulties, such as prohibiting the payment of wages to employees working at the instant hospital; and (b) thereafter, D, Defendant, and C operated the instant hospital as well.

After that, on August 13, 2015, the Defendant and C had been present at the present position (referring to the president) of the instant hospital for normal hospital business and security loan. However, upon the achievement of the above purpose, the Defendant prepared a written agreement to re-consign the original part of the instant hospital and registered the change of C as the sole founder of the instant hospital on August 17, 2015. However, even thereafter, the Defendant continued to provide medical treatment in the separate hospital’s name, manufactured and sold herb drugs under the name of the instant hospital, and tried to resolve the liabilities, etc. of the instant hospital with profits generated, etc. of the instant hospital, and was directly or indirectly involved in the operation of the instant hospital.

B. From August 22, 2015 to October 8, 2015, the Plaintiff provided labor at the instant hospital, and the total amount of unpaid wages during the said period is KRW 1,374,421.

C. On February 1, 2017, the Defendant was convicted of the violation of the Labor Standards Act on the grounds that the Defendant did not pay wages to other employees including the Plaintiff, and the said conviction was finalized as it is.

[Attachment District Court 2016Ra116, 922 (Joint), Incheon District Court 2017No695, 792 (Joint), 1549 (Joint), and Supreme Court 2017Do12842]. [Grounds for Recognition] without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 4, 5, 11, and 16 respectively, and the purport of the whole pleadings.