1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

1. The defendant's assertion and judgment

A. The defendant's assertion that the plaintiff and the plaintiff agreed to receive KRW 4 million per month from September 2008 to October 2010 to enter into an employment contract with the plaintiff as a technical general director, and the plaintiff did not receive all wages from the plaintiff while working in C. The defendant asserts that the plaintiff sought payment of the unpaid wages of KRW 38,441,33 and retirement allowances of KRW 2,845,216 for the above period corresponding to the minimum wage amount under Article 6 (1) of the Minimum Wage Act and damages for delay.

B. According to each of the evidence of evidence Nos. 1, 2, 5, Eul evidence Nos. 3, 6 through 8, 15 through 27, 32 through 35, it is recognized that the defendant used from September 2008 that he/she was a general director of Eul operated by the plaintiff as a general director, and the defendant received money as shown in the attached Table from the plaintiff, the defendant issued a certificate of employment that the defendant served as a technical general director of Eul on March 22, 2010, the plaintiff and the defendant sent the e-mail related to his/her duties to the defendant on November 26, 2010, and the purport that the plaintiff failed to properly inform the defendant of monthly pay.

However, the above evidence and the purport of the entire pleadings are as follows: (a) there is no objective evidence to prove that the plaintiff and the defendant were in the employment relationship, such as the preparation of the employment contract between the plaintiff and the defendant; (b) although the defendant received money from the plaintiff as shown in the attached Table, it cannot be readily concluded that the above money was paid because the plaintiff and the defendant were in the employment relationship with the plaintiff; and (c) the defendant filed a patent with the plaintiff's wife D, who is the representative of C on November 2008, for the method of Alinium-spinium-spinium and pressure; and (d) on February 2009, the plaintiff, the defendant, and D.