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1. The Defendant: 5,834,935 won to Plaintiff A; 2,140,095 won to Plaintiff B; 3,890,429 won to Plaintiff C; and 4,254.
Reasons
1. Basic facts
A. On July 17, 2014, the Defendant is a company established for the purpose of the development, manufacture, and sale of software. From March 2015, the Defendant operated Lestop (hereinafter “I”) with the trade name “I” in Daegu Suwon-gu H from March 1, 2015, and actually suspended its business around October 23, 2015.
B. On March 14, 2015, the representative of the Defendant J decided to jointly operate Lestop in the name of the Defendant Company in the name of “I” between K and K, and he/she decided to take charge of operating and managing the workplace and to manage K’s funds.
C. The defendant, under the name of the "G IP business division", announced the recruitment of workers who will work in I, and the plaintiffs were to enter into an employment contract with the defendant or to work as an employee upon the introduction of the plaintiff A who entered for the first time.
J and K terminated the partnership business contract on October 23, 2015, and K opened and operated by themselves with the trade name "L" at I from around that time.
E. Workers, including the Plaintiffs, entered into a labor contract with K around November 1, 2015, and worked in L. Around that time, the amount equivalent to the wages that the Defendant had not received from the Defendant (the wages that the Plaintiff had not received from the Defendant are indicated in the attached Form) was paid from K.
【Ground of recognition】 Facts that there is no dispute between the parties concerned, Gap evidence 1 through 16, Eul evidence 1, 2, 3-1, 2, and 4, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiffs seek the payment of wages not paid by the Defendant on the premise of the employment contract with the Defendant.
B. The defendant did not conclude a labor contract with the plaintiffs.
The representative of the defendant and K jointly operated I, but only the defendant seems to have entered into an employment contract with the plaintiffs on the wind to use the forms of the employment contract of the defendant company.
The J also made October 2015.