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(영문) 서울동부지방법원 2020.07.23 2019가단141372
임금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On April 12, 199, the Plaintiff registered his/her business as “C” with his/her trade name, taking the type and category of business as cargo, among the types of business.

The defendant is a company that runs a distribution set lease business.

The defendant's lease business consists of the lease process of leasing paths to customers and collecting paths and leasing them again.

B. On September 21, 2009, the Plaintiff entered into a transport service contract with the Defendant, and recovered path from the Macheon Branch of the Defendant Company to June 10, 2016, and carried out the transportation business, etc. (hereinafter “instant transport business,” and the Plaintiff and the Defendant annually entered into all contracts entered into between the Plaintiff and the Defendant for the instant transport business (hereinafter “instant contract”).

C. The main contents of the instant contract, prepared in 2015, are as follows:

Since 2012, Article 2(3) was written from the transport service contract in 2012, and the Plaintiff’s departure and retirement time was also deleted.

Article 1 (Definition of Terms) (1) Cargo of this Agreement refers to Ptept of D Co., Ltd. (hereinafter “Defendant”)’s customer. (2) The term “service” was received from all carriages, such as recovery, transfer, delivery, return, etc. of the cargo referred to in the preceding paragraph.

Article 2(1)(1)(2)(2)(b)(i)(i)(referring to the Plaintiff’s responsibilities and duties, and status) is responsible for prompt, accurate, and safe transportation of the cargo to be transported from the entrusted area to the place of business of Party A or the place designated by Party A, after recovering the cargo to be transported from the entrusted area to Party A.(2)(s)(s))(i) is the responsibility for prompt, accurate, and safe transportation of the cargo to be transported within the designated area and time, other

3. Employment and employment relationship between Gap and Eul is not established, and it is not an employee under the Labor Standards Act, and it is not subject to the Guarantee of Workers' Retirement Benefits Act and the Social Insurance Act, and the rules of employment of Gap.

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