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(영문) 대구지방법원 2017.09.20 2017나305209
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Defendant is a person who operates a beauty room in the trade name, “D store” in Daegu Dong-gu, Seoul (hereinafter “instant store”).

From January 5, 2015 to June 16, 2016, the Plaintiff served as the Haguener in the said store.

B. On February 21, 2016, the Plaintiff drafted a Hague Employment Income Contract (hereinafter “instant Agreement”) with the Defendant. The main contents are as follows.

The Defendant (hereinafter referred to as “A”) and the Plaintiff of the Hague (hereinafter referred to as “B”) shall enter into a contract with the following business entities on an equal basis:

Article 2 (Status and Roles of Contracting Parties) He and B shall provide beauty art services to Gap independently and equally as project undertakers, and Gap shall provide brands, places, and ancillary facilities necessary to provide beauty art services.

(1) Eul shall provide a fixed customer with hedge services on a voluntary basis during business hours, and distribute mutual incentives in accordance with income distribution standards by attaining the hedge sales.

(3) He/she shall not be an employee status, and verify that he/she shall pay monthly income tax and resident tax every month in order to operate his/her personal beauty art business and operate his/her personal beauty art business at D points once again.

Article 3 (Period of Contract and Recontract) (2) Where a party intends to terminate a contract during the contract period, he/she shall notify the other party of the date 30 days prior to the date he/she intends to terminate the

Article 4 (Equithic Income Allocation Rate) (1) The rate of income allocation of the Hague designer means the rate of the amount paid to the Hague designer out of the income (other than value added tax) generated from the beauty art service of Eul.

(2) The distribution of income of the Haguener shall be based on the table of income distribution rates under paragraph (3) in the total (excluding value-added tax) of the sales performance records he/she bought through the Hague treatment service on his/her own from the 6th of each month to the 5th of the following month.

(3)

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