1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

1. Basic facts

A. On October 2012, the Plaintiff started to work as a health radar at the D store located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant center”).

B. Around August 2013, C entered into the instant operation consignment agreement with the FF, who had worked as a health radar and a manager at the instant center, to entrust the operation of the PT (personal bargaining) department, i.e., the employment, management, and supervision of health radars, and to pay the service cost in return.

C. Around November 2014, the Defendant acquired the instant volatilen center’s business from C, and at this time, succeeded to the operation consignment agreement between C and F as it is, and entrusted F with the operation of the PT department. On March 31, 2017, the Defendant terminated the operation consignment agreement and thereafter directly operated the PT department.

While the Plaintiff continued to work as a health radar at the center of this case, on June 30, 2018, the Plaintiff retired from the Defendant on or around June 30, 2018. At the Defendant’s request, the Plaintiff continued to engage in the operation of the pre-existing operation until the post-employment of the health radar on July 2018 is allocated.

E. On October 29, 2018, the Defendant paid KRW 4,274,508, which was calculated from April 1, 2017 to July 31, 2018, as retirement pay to the Plaintiff, and after the period of service with F was terminated, to KRW 16 months.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number, hereinafter the same shall apply), Eul evidence Nos. 1, 6, and 10, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) The Defendant succeeded to the labor relationship between the Plaintiff and C, which had been maintained at the time of acquisition by transfer, as a person who acquired the entire business of the instant insignia center from C, and thereafter, the Plaintiff was directed and supervised by the Defendant and provided labor to the Defendant in a subordinate relationship.

C or the Defendant and F and the instant volatilen Center.