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(영문) 서울중앙지방법원 2018.07.17 2017나85988
임금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid.

Reasons

1. Basic facts

A. The parties related to the defendant is a double-manufactured manufacturer who manufactures a dance uniform in Seongdong-gu Seoul Metropolitan Government with the trade name of E and supplies “F” brand member stores, and the plaintiffs are married with each other at the same place of business.

B. From December 20, 2015 to May 30, 2017, the Plaintiffs engaged in the Plaintiff’s work as singinging agents and singing agents at the Defendant’s workplace.

C. Since December 2016, the details on the occurrence of remuneration for the Plaintiffs against the Defendant and the details on the payment of remuneration for the Plaintiffs are as follows:

5,70,00 on December 4, 2016; 4,37,00 on December 201, 2016; 5,780,00 on February 5, 2017; 6,006,00 on April 6, 200; 32,70,000 on May 3, 20, 207; 32,72,072,000 on May 3, 2017; 200 on May 3, 200; 207,00 on May 3, 200; 207,00 on May 3, 2017; 30,07,000 on May 2, 207; 200,000 on account transfer; 15,000 on account transfer;

2. The parties' assertion

A. The Plaintiffs, as they were employed by the Defendant from December 20, 2015 to May 30, 2017, constitutes workers under the Labor Standards Act.

Therefore, the defendant is obligated to pay the plaintiffs the unpaid wage of KRW 6,986,00 and the damages for delay on each of the above amounts.

B. The Plaintiffs entered into a service contract with the Defendant to receive the service price set as the unit price per set for the two-wheeling work, and accordingly, provided the salary system, and are not the Defendant’s workers.

3. Determination

A. The plaintiffs.

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