1. The plaintiff's claim is dismissed.

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

Basic Facts

On June 1, 2012, the Defendant distributed and sold environment-friendly organic agricultural products, etc., and entered into a transportation service contract with DEL Korea Co., Ltd. (hereinafter “DEL Korea”) with the Defendant, with the content that DEL Korea will entrust the transportation of goods from the Defendant (hereinafter “instant transportation service contract”).

On January 2013, the Plaintiff purchased cargo vehicles owned by the Defendant (hereinafter “instant vehicle”) in KRW 14,50,000 from B in charge of the Defendant’s food delivery business, and entered into an entrusted management contract with DEL Korea (hereinafter “instant entrusted management contract”) that is entrusted by DEL Korea with the right to operate and manage the instant vehicle in kind, entered into the entrusted management contract with DEL Korea (hereinafter “instant entrusted management contract”), and was engaged in food delivery business sold by the Defendant in accordance with the instant transportation service contract.

From the day of every month to the day of every seven hours, the Plaintiff served at the Defendant’s C Logistics Center and served at the Defendant’s C Logistics Center, and delivered foodstuffs in the area D for the first time, and from June 2013, to E for the first time.

[Ground of recognition] The plaintiff's assertion as to the plaintiff's main claim for the plaintiff's main claim as to Gap's evidence Nos. 1 and 2, and the whole pleadings is an employee employed as a subordinate to the defendant for the purpose of wages although the plaintiff entered into an entrusted management contract with Del Korea concerning the plaintiff's vehicle. Since dismissal made by the defendant for the purpose of terminating the transportation service contract of this case against the plaintiff is null and void, the defendant is liable to pay the plaintiff's wages of KRW 2.3 million per month during

Whether the plaintiff is a worker under the Labor Standards Act or not shall be determined by the form of the contract, rather than whether the contract is an employment contract or a contract for employment.