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(영문) 서울중앙지방법원 2018.10.16 2017가단5207300
기타(금전)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendant and the Defendant concluded a purchase transaction agreement with the department store that provides companies operating superstores, such as department stores, with products manufactured by the Defendant, to supply them to the above superstore and pay the remainder of sales proceeds after deducting a certain amount of fees from the sales proceeds to the Defendant.

On the other hand, the Defendant agreed to dispatch the manpower to sell in each superstore.

B. Accordingly, the Plaintiffs concluded each sales agency contract with the Defendant, and Plaintiff A, from January 30, 2013 to January 22, 2017, in D stores, etc., Plaintiff B, from August 21, 2007 to February 28, 2015, was in charge of selling Defendant products at E stores, etc.

C. Details of a sales agency contract concluded between the plaintiffs and the defendant are as shown in the attached Form.

[Reasons for Recognition: Facts without dispute, Gap 1 through 5, each entry in Eul 1 through 5, purport of the whole pleadings]

2. The gist of the Plaintiffs’ assertion is that the Plaintiffs concluded a sales agency contract with the Defendant, and accordingly, took charge of sales at the store in a superstore designated by the Defendant. In light of all the circumstances, even though they concluded a sales agency contract in the form, the substance constitutes a worker who provided labor to the Defendant in a subordinate relationship for

Therefore, the defendant is obligated to pay retirement allowances stated in the purport of the claim to the plaintiffs.

3. Determination

A. Whether a person is a worker under the relevant legal doctrine ought to be determined depending on whether the form of a contract is an employment contract or a delegation contract is an employment contract, and whether the substance of a labor provision relationship is a subordinate relationship to an employer for the purpose of wages at a business or workplace.

Here, whether or not a subordinate relationship is determined by the employer and applied the rules of employment or service.

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