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(영문) 서울남부지방법원 2020.07.17 2018가합113691
임금
Text

1. Defendant P Co., Ltd. shall pay to the Plaintiffs each money indicated in the “amount of retirement allowances” list of the details of calculation of attached retirement allowances.

Reasons

1. Basic facts

A. The Defendants are companies with the purpose of standing, funeral and funeral equipment wholesale, retail and lending, etc., and the Plaintiffs are funeral instructors.

B. The Plaintiffs entered into an entrustment contract between the Plaintiffs and the Defendant P Co., Ltd. (hereinafter “Defendant P”) with the Defendant P to enter into an entrustment contract with the Defendant P, and the “period of re-employment” in the attached Table 2’s statement of calculation of retirement allowances was disadvantageous to the Defendant P’s regional headquarters as the “pact team leader” during each period.

C. Defendant P, who entered into a consignment agreement between the Defendants, agreed to entrust the part of “the funeral services” to Defendant Q Q Co., Ltd. (hereinafter “Defendant Q”), and entered into an entrustment agreement with Defendant Q Q et al.

As the agreement between the plaintiffs and the defendant P to terminate the entrustment contract between the plaintiffs and the defendant P to entrust funeral services to the defendant Q, the defendant P agreed on November 21, 2015 to terminate the entrustment contract with the plaintiffs.

E. The Plaintiffs entered into an entrustment contract between the Plaintiffs and Defendant Q on November 21, 2015 with Defendant QA, and carried out funeral transfer agency services as the head of the team of the “period indicated in the column” in the attached Table 3 retirement allowance calculation statement.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 5 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiffs asserted that they concluded an entrustment contract with the Defendants and worked as the chief of the Council Team.

However, regardless of the form or name of the entrustment contract, the Labor Standards Act is a worker under the Labor Standards Act and provided labor to the defendants.

On November 20, 2015, the Plaintiffs, after being subject to the comprehensive resignation from Defendant P P on November 20, 2015, changed to Defendant Q’s position on November 21, 2015, but only changed to the position, continued the same work.

Defendant Q is retirement allowance for the entire team leader of Defendant P.

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