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(영문) 대전지방법원 2019.07.25 2018나12382

임금 등

Text

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.

Reasons

1. The Plaintiff asserts that he/she entered into an employment contract or delegation contract with the Defendant on January 2015, and that he/she provided labor or handled the affairs delegated by the Defendant from January 2015 to March 2017, and that he/she calculated monthly salary or remuneration at KRW 3 million, and sought damages for delay for the amount of KRW 60 million equivalent to the amount of 20 months during the said period, 12,838,961, which is equivalent to the amount of food, oil, and oil supply equipment, etc. paid by the Plaintiff during the performance of his/her duties, and for each of the above amounts.

2. It is not sufficient to recognize that the Plaintiff provided labor or carried out the affairs entrusted by the Defendant by concluding a labor contract or delegation contract with the Defendant solely on the basis of the statement of evidence Nos. 1 and 10, and there is no other evidence to acknowledge that the Plaintiff paid the above money with regard to the management of the business of the Defendant Company.

3. Accordingly, the plaintiff's claim of this case shall be dismissed in its entirety as it is without merit. Accordingly, the judgment of the court of first instance is just and the plaintiff's appeal is without merit, and it is so dismissed as per Disposition.