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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The plaintiff is a person who operates a mutual nive club of "D" (hereinafter referred to as "instant nive club") in Gangnam-gu Seoul Metropolitan Government, and the defendant is a person who served as a water at the instant nive club.
"A (employer, plaintiff, hereinafter the same shall apply)" and "B (worker, defendant, hereinafter the same shall apply)" enter into a contract with respect to labor relations as follows:
Article 1 (Purpose) The purpose of this Agreement is to provide “B” with certain services to “B” and “A” with all matters necessary for the payment of remuneration to “B”.
Article 2 (Duty of Good Faith)
1. “B” shall faithfully provide “A” with work upon the conclusion of a labor contract, and comply with the overall service regulations of “A” and comply with the instructions of “A”.
2. “B” shall immediately report to the superior officer when there is an error, error, etc. in the performance of his/her duties, and shall take necessary measures upon his/her instructions.
Article 3 (Written Error of “wages” appears to be Errord in Payment)
1. The down payment shall be paid 4.2% of the sales amount of “B”’s store sales to “B”.
Down payment: 15,000,000 won installment savings: 11,000,000 won: 360,000,000 won;
2. He/she shall provide Party B with a certain portion of the sales price of Party B in the place of business as wages.
3. B shall pay the full down payment to A when the sales promise after the receipt of the down payment is not performed.
Article 4 (Contents of Affairs) Omitted Article 5 (Agreement Prior to Place of Business)
1. A and B shall agree on the transfer of business for the development between themselves, and maintain the previous contractual relationship even after the transfer by extending it;
Article 6 (Contract Period) The contract period of Article 6 shall be one year from January 30, 2016 to January 30, 2017.
The Defendant, around September 2015, prepared a contract with the Plaintiff, which includes the following details, as he/she had worked in the instant age club, and added Article 5 around January 30, 2016.