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(영문) 서울고등법원 2020.06.02 2016나2087672
근로자지위확인 등
Text

1. At the request of the Plaintiffs expanded from the trial, the Defendant stated the name “name” column in the annexed sheet.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance, except for the case being cited or added as stated in the following paragraph (2). Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The “number of unpaid wages” attached to the judgment of the court of first instance as to the part of dismissal or addition is replaced by the “number of unpaid wages” attached to this judgment.

The overall title part of the judgment of the first instance is deleted from the 27th to 20th 19th 19, the first "attached Form 4" through the 5th 4th 28th , to the "fact that is to be received as a full-time worker" in the attached Form 4, and the "facts" in the attached Forms 9 through 10 in the attached Forms 9 are as follows: "the tax withholding receipt" and "the amount payable" in the attached Forms 9 are as follows: "the amount paid" are as follows: "the amount of tax withholding receipt for labor income" and "the amount paid" in the attached Forms 10, 11 are as follows; "57 evidence" in the attached Forms 57, 73 through 83, 88, and 89 (including the provisional number)"; the first "attached Forms 12 through 14 "the total amount paid" in the attached Forms 12 and "the total amount paid" shall be as the "amount claimed" in the attached Form 14.

After the second sentence of the 28th judgment of the first instance, "the defendant asserts that the business performance wage should be reduced by reflecting the work performance period of the plaintiffs, but there is no evidence to support that the business performance wage is paid in proportion to the working days or working hours, the above argument by the defendant is rejected."

The overall title part of the judgment of the first instance shall be deleted from the 30th to 19th, and the fact of the first "attached Form 2" to the 31th "fact of the second "fact" shall be also the same as the fact of the "fact of the unpaid wage" written in the attached Form.

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