1. The plaintiff's claim is dismissed.

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

Basic Facts

The defendant is a company established on June 15, 2009 for business start-up consulting, store development, real estate consulting, real estate development, consultation, etc.

The Plaintiff worked for the Defendant as a business director from June 2009 to September 21, 2012.

[Ground of recognition] A without dispute, Eul's statement of evidence No. 1, and the purport of the entire pleadings are asserted by the plaintiff. The plaintiff asserts that he has a duty to pay the plaintiff damages compensation amounting to KRW 88,90,901,930, and damages for delay due to the plaintiff's failure to receive income for 31 months, since he has continuously provided labor to D, etc., a company operating the defendant's actual representative C for the purpose of wages for nine years from September 2001 to September 201.

The defendant asserts that the plaintiff is not an employee who provided labor under the direction and supervision of the defendant in a subordinate relationship with the defendant.

Judgment

In light of whether the Plaintiff is a worker under the Labor Standards Act, whether the form of a contract is an employment contract or a contract for employment, and in substance, whether a worker has a subordinate relationship with an employer for the purpose of wages should be determined depending on whether the employer provided work for the purpose of wages to the business or workplace. Whether a subordinate relationship here exists shall be determined by the employer’s contents of work, and shall be subject to the rules of employment or employment regulations, etc., the employer shall designate working hours and working place, whether the employer is bound by the employer, whether the worker is subject to detention, and whether the employer owns equipment, raw materials, working tools, etc. or has a third party employ and act on behalf of the employer.