The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. The F Co., Ltd. (hereinafter “F”) entered into a franchise agreement with I on May 2014, and thereafter, operated “D” stores (hereinafter “instant stores”) within C resting places. E is the representative director of the said company.

B. The Plaintiff is the friendship of E, and has been engaged in the management of sales, etc. in the instant store from July 2014.

C. Meanwhile, since May 2014, E had invested money from H to open and operate the instant burial, etc., it was impossible for H to pay the agreed profits.

E suggested H to change the name of the franchise agreement holder of the instant store and pay part of the sales accrued from the instant store as investment revenue if it establishes a new company, and H consented thereto on September 2, 2014.

(Representative) G, the spouse of H, in-house director, was registered as E.).

After that, on September 12, 2014, the Defendant entered into a contract with I to change the franchise agreement of the store in this case.

F. The operation of the instant store from around that time to September 2016 and the profits therefrom were managed by E and the Plaintiff despite the change of the name of the franchise agreement holder on the instant store.

G. However, there were days of detention of E in criminal cases, etc. Accordingly, G and H, the Defendant’s representative director, had actual control and operation of the instant store from September 24, 2016.

H. On September 2016, the Plaintiff agreed to receive KRW 3.5 million from the Defendant, and provided labor until April 15, 2017, by taking charge of store management duties, etc. in the instant store.

[Ground of recognition] Gap evidence Nos. 11, 12, 17, 20, 21, 22, 23, 24, 25, Eul evidence Nos. 4 and 8 (including branch numbers), the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion is an employment contract with the non-party company.