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(영문) 부산지방법원 2016.06.09 2015가단203727
임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On June 18, 2007, the Plaintiff offered the Defendant with labor until January 1, 2015, 300 won in total 39,60,000 won in monthly salary, 100% in annual bonuses (50%) in the C Job Placement Service operated by the Defendant, 10,000 won in month of special allowances, and 10,000 won in food month, 10,000 won in daily allowance, up to 30,000 in total, 30,000 in total, 30,000 in annual salary x 36,00 in total (30,000,000 won in total) from the Defendant until December 6, 2014 x 30,000 won in total (30,000,000 won in daily salary x 30,300,000 won in total (30,010,381,081,08.

Accordingly, the judgment below is insufficient to acknowledge the Plaintiff’s assertion that the Plaintiff entered into an employment contract with the Defendant solely based on the descriptions of Gap evidence 1, Gap evidence 1, and Gap evidence 9-2, 3, 5, 7, 12, and 13, and there is no other evidence to acknowledge it. Rather, according to each description of Gap evidence 5, 6, and Gap evidence 9-1, 10, the Plaintiff’s above assertion cannot be acknowledged as long as the Defendant knows the fact that he was merely a nominal representative, not the actual operator of the above employment agency.

In other words, the plaintiff argues that the defendant is the child of D, who is the actual operator of the above job placement office, and was in the position of the employer who can exercise control or influence over the plaintiff, who is the worker of the above job placement office, and even if not, since he delegated D with the exclusive right to operate the above job placement office, the defendant is obligated to pay the plaintiff wages and retirement allowances as the employer.

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