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The Defendants jointly do so to the Plaintiff KRW 22,525,00,000, and Defendant B from March 20, 2020, and Defendant C from March 20, 202.
Reasons
1. Basic facts
A. The Plaintiff is an engineer specializing in removing air-conditioning and heating apparatus, such as air-conditioning and heating pipes, and the Defendants have operated the air-conditioning and heating apparatus removal company with the trade name of “D”.
B. On April 2016, the Plaintiff and Defendant C drafted a standard contract for construction works with the content that the Plaintiff would directly collect at the time of installation, including a contract for installation of air conditioners, the place of construction, the entire contract period from May 3, 2016 to May 2, 2017, the total contract amount of 24% (including value added taxes) and the service deposit of 3,000,000.
(c)
After February 2019, the Plaintiff received a request from Defendant B for the removal of air conditioners from Defendant B, and carried out a business trip at the relevant place.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 3, 5, 6, and 7 (including each number, if any) and the purport of the whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff’s assertion as to the claim for wages was employed by the Defendants, and provided them with labor by means of paying daily wages from April 11, 2016 to October 31, 2016, 120,000 won per day from November 1, 2016 to June 8, 2017, and 150,000 won per day from June 9, 2017 to August 1, 2018, and from August 201, 2018 to August 1, 2018, the Plaintiff did not receive wages from the Defendants to 16,00,000 won per day from August 2, 2018 to 10,000 won per day from August 2, 2018 to February 11, 2019. The Defendants did not receive wages from the Defendants to 16,00,000 won per day from August 16, 2016.
2) Determination of whether a contract constitutes a judgment worker is based on whether the substance of the labor relationship, rather than whether the contract is an employment contract, a contract, or a delegation contract, provided labor to an employer for the purpose of wages in the business or workplace.