1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed.

1. Basic facts

A. The Defendant, at Changwon-si, operates the TPPIC (hereinafter “instant private teaching institute”). The Plaintiff, from March 1, 2011 to February 28, 201, is a person who gives Saturdays at the instant private teaching institute.

B. From March 1, 2011 to June 30, 2014, the Plaintiff received monthly remuneration from the Defendant by multiplying a fixed amount per class of lecture hours (Ordinance 30,000 won). From July 1, 2014, from 60 students and less than 60 students, the Defendant was paid a certain portion of the Plaintiff’s tuition fees every month pursuant to the condition that the Defendant and the Plaintiff divides tuition fees by 50% for 61 students and 61 students and 61 students and 61 students (hereinafter “ratio system”).

C. The Plaintiff drafted a contract on January 1, 2017 between the Defendant and the Defendant (Evidence A No. 1). The said contract provides that “The remuneration shall be remuneration shall be 60 persons based on 60 students enrolled in a private teaching institute:4 (Plaintiffs), and more than 60 persons shall be 5:5 (Plaintiffs), and the number of students shall be determined based on the number of students on the date of a new registration.”

On June 30, 2017, the Defendant paid 6,140,610 won to the Plaintiff, calculated as retirement pay during the period from March 1, 2011 to June 30, 2014 during which the Plaintiff had worked at the instant driving school.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 11, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion constitutes an employee under the Labor Standards Act, since the Plaintiff provided labor under employment to the Defendant from March 1, 2011 to February 28, 2017.

Therefore, the Defendant’s retirement allowance under the Guarantee of Workers’ Retirement Benefits Act (=61,230,207 won = average daily wage of three months prior to retirement 339,857.45 won ¡¿ 30 days ¡¿ 2,192 days/365 days prior to retirement x 6,140,610 won), and delay damages therefrom.