logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.01.11 2016가단526595
청구이의
Text

1. The Defendants’ compulsory execution based on the Suwon District Court Decision 2016 Ghana 17262 against the Plaintiff is enforced.

Reasons

1. Evidence 【Evidence】 1-1, 2, A2 through 9, and the purport of the whole pleadings;

A. The Plaintiff is a company that provides job offerers with job offerers, such as patients requiring nursing service, with job offerers, with job placement service and receiving job placement service fees.

B. The plaintiff introduced a patient to the nursing service who is a job seeker and received not more than 20/10 of the nursing fees paid to the nursing service provider by the patient who is a job offerer.

C. Nursings, including the Defendants, agreed to receive the Plaintiff’s introduction fee on behalf of the Plaintiff, and agreed to pay 20% or less of the nursing fees from the job offerer as the commission for introduction to the Plaintiff.

The Plaintiff settled the nursing fees to be paid by the Defendants to the extent of one month after the Plaintiff received all of the patients, and re-paid the remainder, except approximately 20% in the name of the introduction fee, to the Defendants.

E. On May 3, 2016, the Defendants filed a lawsuit against the Plaintiff, and received a decision to recommend performance to Defendant A to pay the amount of KRW 4,070,984 and the amount equivalent to 20% per annum from May 15, 2014 to Defendant B, and from December 7, 2013 to the date of complete payment, the amount of KRW 26,229 and the amount equivalent to 20% per annum from December 7, 2013 to the date of full payment (Usu District Court 2016Da17262), and the said decision to recommend performance was finalized on May 25, 2016.

2. The allegations by the parties and the judgment of this court

A. The plaintiff's assertion (1) is a substantial employer who has directed and supervised the defendants' business affairs, and the plaintiff should pay the defendants a retirement allowance.

(2) The Defendants are not the Plaintiff’s workers.

B. In determining whether a worker is a worker under the Labor Standards Act, whether the contract is an employment contract under the Civil Act, or a contract or in substance, regardless of the form of the contract, the worker’s subordinate relationship for the purpose of wages at the business or workplace.

arrow