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1. The plaintiff B's lawsuit shall be dismissed.
2. The plaintiff A's claim is all dismissed.
3. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The assertion;
A. Plaintiff A’s assertion 1) From June 201 to October 2012, 201, Plaintiff A used the term referring to the instant entertainment tavern F (hereinafter “instant entertainment tavern”) which Defendant C was the actual proprietor of the entertainment tavern F (hereinafter “instant entertainment tavern”).
B) On June 201, Defendant C prepared a labor contract stating that “Defendant C shall pay a certain rate of 100 million won for cash loans to Plaintiff A and for allowances.” Defendant C paid the Plaintiff KRW 200 million under the pretext of sales promotion expenses, and KRW 100 million under the pretext of advance payment, on the premise that Plaintiff A will raise sales of KRW 1 billion for the said period of work, Defendant C agreed to refund an amount equivalent to 20 billion if Plaintiff A could not achieve sales of KRW 1 billion during the said period of work. C) Defendant C paid KRW 848,850,000 for KRW 80,000,000 for total sales of the instant entertainment drinking house during the said period of work, and Defendant C paid KRW 108,000 for KRW 20,000 for KRW 80,000 for cash loans from the instant entertainment drinking house to KRW 100,000,000 for KRW 305,000,000 for KRW 105.20.
F. On the other hand, Plaintiff A is an employee under the Labor Standards Act. The credit sales amount is not a debt owed by the customer to Defendant C, but a debt owed by the Plaintiff A. Even if there is an agreement between Plaintiff A and Defendant C on the burden of credit sales amount, such agreement and the obligation to refund promotional expenses for insufficient sales amount is null and void in violation of the Labor Standards Act, and on the other hand, the credit sales amount is null and void.