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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The plaintiff is a person who operates a e-sports with the trade name "E" in Gangnam-gu Seoul Metropolitan Government D hotel (hereinafter referred to as "E"), and the defendant is a person who served as a water at the e-gym club in this case.
In around 2014, the Defendant prepared a contract with the Plaintiff, which includes the following contents, as the Defendant had worked in the instant age club, and re-written a contract with the Plaintiff around January 30, 2016, and received the down payment amount of KRW 25,00,000 from the Plaintiff under Article 3 of the said contract:
(hereinafter referred to as “instant contract”). “A (employer, Plaintiff, hereinafter the same shall apply)” and “B (worker, Defendant, hereinafter the same shall apply)” enter into a contract with respect to labor relations 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 Payment)
1. The down payment shall be paid 4.2% of the sales amount of “B”’s store sales to “B”.
Down payment: 25,000,000 won: 600,000,000 won
2. He/she shall provide Party B with a certain portion of the sales price of Party B in the place of business 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.
Article 4 (Contents of Business) The contract period of Article 5 (Contract Period) omitted shall be one year from January 30, 2016 to January 30, 2017.
The Plaintiff’s instant case around January 31, 2016.