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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion was received from the Defendant running the insurance business on June 2, 2016 through September 2, 2019, and worked for the Defendant during his/her period from Jun. 2, 2016 to Jun. 2, 2019. The Defendant agreed to pay KRW 1,50,000,00 per annum (or KRW 600,000,000,000 per annum for the base salary, KRW 2,700,000,000,000 per annum, respectively, and KRW 1,50,000 per annum
Nevertheless, from December 2016 to June 2019, the Defendant did not pay to the Plaintiff KRW 21,700,000,000,000 as the basic salary for 31 months. From 2016 to 2019, the Defendant did not pay the Plaintiff KRW 4,60,000,000 as the aggregate of the bonuses from June 2016 to August 2019.
In addition, the plaintiff was not paid KRW 8,100,000 for three months since the defendant was not dismissed from office for three months.
As above, the Defendant concluded a labor contract with the Plaintiff on the payment of wages, bonuses, retirement allowances, etc., and thus, is obligated to pay the total amount of unpaid wages of KRW 3927,500,000 and delay damages therefrom in accordance with the above labor contract.
Even if the plaintiff cannot be seen as a worker, the defendant is obligated to pay the plaintiff the total amount of unpaid wages to the plaintiff 3,927,5,000 won and damages for delay in accordance with the above agreement, since the defendant agreed to pay the plaintiff a fixed amount of money under the pretext of salary, bonus, retirement allowance, etc.
In addition, on July 27, 2018, the Plaintiff lent KRW 4 million to the Defendant. Since the Defendant did not pay KRW 3.6 million out of the above loans, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 3.6 million and the damages for delay.
2. Determination:
A. As to whether the Plaintiff entered into an employment contract on the payment of wages, bonuses, retirement allowances, etc. asserted by the Defendant and the Plaintiff with the Plaintiff, each of the statements in the Health Team and the Evidence Nos. 1, 3, and 6 are alone.