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(영문) 부산지방법원 2018.12.20 2017가단28784
임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. The parties' assertion

A. The Plaintiff: (a) received monthly salary of KRW 3 million from the end of February 2015 to March 2017; and (b) performed various educational activities against the hospital employees, the Defendant company engaged in the training and consulting business; (c) but (d) did not pay wages promised by the Defendant.

If so, the Defendant is obligated to pay the Plaintiff a total of KRW 30,300,000 and KRW 6,030,000,000 from April 2015 to December 2016, which the Defendant voluntarily reported to the Plaintiff as earned income from the Plaintiff, as well as KRW 30,30,000,000 and KRW 6,030,000,000,000 from January 2017.

B. The Plaintiff did not enter into an employment contract with the Defendant or promised to pay wages, and the Plaintiff paid advisory fees to the Plaintiff as the Defendant’s adviser by promising the Plaintiff to assist the Defendant’s business. At the Plaintiff’s request, only reported to the Plaintiff as a formal employee in order to benefit from the four-party insurance, such as medical insurance.

2. Determination

A. In light of the following circumstances, it is difficult to recognize that the Plaintiff, as the Defendant’s employee, has provided labor to the Defendant, and the evidence alone submitted by the Plaintiff is insufficient to recognize the existence of wages not paid, and there is no other evidence to acknowledge it.

Therefore, the Plaintiff’s assertion is difficult to accept.

① Although the Plaintiff reported to the tax office with the Defendant’s employee and also stated in the accounting materials, there is no evidence to support that the Plaintiff was paid the amount different from the amount of wages reported or stated as above and the amount of KRW 3 million per month’s wage claimed by the Plaintiff, and KRW 500,000 per month’s allowance, and while the Plaintiff asserts that he actually worked, the amount claimed by the Plaintiff.

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