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1. All appeals by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
purport, purport, and.
Reasons
1. Basic facts
A. The Plaintiffs were employed by the Defendant who operates the beauty parlors of the trade name “E” in Yangcheon-gu Seoul Metropolitan Government D (hereinafter “E”), provided labor to the Plaintiff from November 20, 2006 to July 31, 2013, and Plaintiff B from September 1, 2010 to July 31, 2013, and retired.
(b) The amount of retirement allowances calculated on the basis of the average wage during the above service period shall be 35,60,673 won (average wage) for the plaintiff A, 35,66,673 won [17,380 won x 30 days x 2,46 days ± 365 days]], and the plaintiff B shall be 10,458,222 won (=19,475 won x 78 days (average wage) x 365 days).
[Ground of recognition] Unsatisfy, Gap evidence 1, 11-1, 12, and 13 (including each number), the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the fact that the defendant's duty to pay retirement allowances is recognized, the defendant is obligated to pay to the plaintiff A 35,660,673 won, 10,458,22 won, and each of the above amounts to the plaintiff B, 14 days after the retirement date of the plaintiffs, to pay damages for delay calculated at the rate of 20% per annum under the Labor Standards Act from August 15, 2013 to the date of full payment.
B. (1) The defendant's argument as to the defendant's argument (1) is that the defendant will operate the beauty art room of this case with I and the defendant will invest in real estate and facilities and distribute 50% profits by entrusting the operation and management of I. Although the defendant is a partner, he is not in the same position as the commercial rental business operator, and since I actually operated the beauty art room of this case, the defendant is not liable as the user.
I concluded a franchise contract with the plaintiffs and a large number of hedgers, and operated the franchise contract. The franchise contract was a condition to provide the plaintiff with auxiliary employees, education for new technology and new products, facilities and expendable goods necessary for business, etc., and profits from a certain ratio of sales.