1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is the representative director of E Co., Ltd. (hereinafter “instant company”) for the purpose of wholesale and retail business, etc. of cosmetics, and the Defendant is a person who had worked as a person in charge of education in the instant company between February 27, 2014 and June 22, 2016.

B. As between February 21, 2013 and July 30, 2016, the Plaintiff wired total of KRW 27,700,000 to the account under the name of the Defendant, as indicated in the following table (hereinafter “instant table”).

Serial 1: 01.21. 4,00,00 Plaintiff F Bank G 25, 10.21. 1, 2013. 00, GF Bank G 201. 3,000, GF Bank G 31,000, 000 G 4. 2,00,00, 00, 000 G 1,000, 00 0. 0. 13, 00, 00, 00, 000 G 5, 13, 00, 00, 000, 6. 0. 1, 00, 00, 00, 000 GF Bank 6. 0, 1,000, 00, 000 GF Bank 1,000, 7,000, 00,000 GF Bank 1,005, 205.

C. On August 31, 2017, the Defendant filed a lawsuit against the instant company claiming wages under the Incheon District Court Decision 2017Gadan237185, asserting that “The Defendant, while working in the instant company, was paid a certain amount as a base salary, and was not paid a certain percentage of sales as an incentive,” but the said court rendered a judgment dismissing the Defendant’s claim on May 15, 2019 on the ground that there is insufficient evidence to acknowledge that there was a basic salary or an incentive payment agreement as alleged by the Defendant.

Although the defendant appealed against the above judgment in Incheon District Court No. 2019Na5988, the above court dismissed the defendant's appeal on May 19, 2020.