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(영문) 광주지방법원 2015.09.24 2014가합7782
근로자지위확인 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the party concerned is a corporation that manufactures and sells automobile parts, etc. (hereinafter “Defendant Company”), and the Plaintiff, as an employee of limited liability company C (hereinafter “C”), the subcontractor of the Defendant Company, the subcontractor of the Defendant Company, conducted shot learning and fileing at the Defendant Company in accordance with C’s personnel management order.

B. The Defendant Company and C prepared and kept a large quantity of documents generated in the course of performing its duties in the form of paper documents, but the Defendant Company agreed to manage them in the form of an electronic document for efficient document management. 2) Accordingly, the Defendant Company concluded an individual unit contract for subcontract transactions with C on August 13, 2014 (hereinafter “instant subcontract contract”) with C on the ground that it would have decided to print up the existing paper documents and convert and store them in the form of electronic document, and then, to subcontract documents, printing and fileing business (hereinafter “instant business”) to a previous Defendant Company and C on August 13, 2014. Of the basic contract for subcontract transactions between the Defendant Company and C and the contents of the instant subcontract agreement, the contents related to the instant business are as follows:

◎ 하도급거래 기본계약서 B 주식회사(이하 “갑”이라 칭한다)와 C(이해 “을”이라 칭한다)은 을의 관련 자재기기물품 등(이하 ‘목적물’이라 한다)의 제조가공수리 등(이하 ‘제조’라 한다)을 위하여 다음과 같이 기본계약을 체결한다.

Article 2 (Basic Contracts and Individual Contracts) This Framework Agreement (hereinafter referred to as the "Agreement") shall also apply to each individual contract (hereinafter referred to as "individual contract") unless otherwise agreed to provide for the basic matters concerning the manufacture subcontract contract between A and B, and shall comply with this Agreement and individual contracts between A and B.

◎ 하도급거래 개별 단가 계약서 B...

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