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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is a person who operates a nivem club with the trade name “E” in Gangnam-gu Seoul Metropolitan Government D Hotel, and the Defendant is a person who had worked at the above nivem club as an employee from June 15, 2015.
B. On June 15, 2015, the Defendant: (a) went to work at the above age club; (b) prepared a contract with the Plaintiff, which includes the following contents (hereinafter “instant contract”); and (c) received the down payment of KRW 20 million under Article 3 of the said contract from the Plaintiff.
The terms "A" and "B" enter into a contract with respect to employment 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 Wages)
1. The down payment shall be paid 4.2% of the sales amount of “B”’s store sales to “B”.
【Contract Amount of KRW 20 million, KRW 480 million in sales amount of KRW 480 million】
2. The part (4) of the sales amount of “B” in the place of business (E) shall be provided 1% to “B” 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.
C. On January 30, 2016, the Plaintiff closed the business.
[Judgment of the court below] The non-existence of a dispute, Gap evidence No. 1, and the purport of the whole pleading
2. Determination on the cause of the claim
A. The Plaintiff’s assertion-based club owner pays a normal prepaid amount when entering into a contract with aweter.