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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.
Reasons
1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations by the court of first instance, and even if the evidence duly admitted and investigated by the court of first instance, the fact-finding and judgment by the court of first instance, which were submitted to this court, are justified.
Therefore, the reasoning for the court’s explanation on the instant case is as stated in the reasoning of the first instance judgment, except for the addition of the following “2. Additional Determination” as to the Plaintiff’s assertion emphasized or added by this court. Therefore, it is acceptable to accept it as it is by the main text of Article 420 of the
2. Additional determination
A. The gist of the Plaintiff’s assertion is that the legal nature of the instant service contract is not delegated, but employed. As long as the Plaintiff’s labor service contract is terminated, the Defendant is obliged to pay the Plaintiff the full remuneration of KRW 45,000,000, and the delay damages therefor.
B. The legal nature of the instant service contract and employment takes effect when one of the parties agrees to provide services to the other party and the other party agrees to pay remuneration therefor (Article 655 of the Civil Act). Since delegation takes effect upon one of the parties entrusts the other party with the management of affairs and the other party approves it (Article 680 of the Civil Act). It is exclusively subject to the employer’s authority to decide to use labor provided by the labor party for any purpose under a contract aimed at “provision of labor” itself and to bring about any result by using the labor provided by the labor party for any purpose. On the other hand, delegation takes a subordinate position to the employer by losing independence and independence, while delegation takes place to provide uniform labor as a contract aiming at providing labor.