1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is a driver employed from November 27, 2014 to the present day by a limited partnership company C (hereinafter “instant company”).

From January 10, 2005 to March 31, 2017, the Defendant is a person who became a general partner of the instant company and was appointed as a representative member, and D is a person who was employed as a limited partner on January 10, 2005 and retired on March 31, 2017.

B. On March 31, 2017, E acquired the Defendant’s share in the instant company, joined the company as a general partner of the instant company, and was appointed as a representative member.

In addition, on March 31, 2017, F acquired the entire shares of D and became a member with limited liability of the company of this case.

C. On March 31, 2017, Defendant and D drafted the following agreements with E and F (hereinafter “instant agreements”).

1. The transferor shall be held responsible for all civil and criminal incidents arising in connection with the management of the company prior to the date of transfer or acquisition ( March 31, 2017) and for the amount imposed by the tax authority.

2. Where a guarantee is granted in the name of the transferor or juristic person, excluding LPG charging accounts, retirement allowances for executives and employees, installment payments to purchase vehicles, and other liabilities or accounts payable by the juristic person provided by the transferor, it shall be held liable by

[Ground of recognition] Facts without dispute, entry of Gap 1, 3, and 4 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the Plaintiff received wages below the minimum wage while working in the instant company. The amount of shortage is 3,919,110 won calculated by deducting the total amount of continuous service allowances of KRW 63,00 from the total amount of KRW 3,982,110 in 2015, KRW 2,221,560 in 2016, and KRW 3,982,110 in 2017.

The defendant is obligated to pay the remaining wages directly to the plaintiff according to the agreement of this case.

B. The instant agreement was concluded between the Defendant and D as the transferor, E, and F as the transferee.