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(영문) 광주지방법원해남지원 2016.06.16 2015가단4761
임금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On August 23, 2013, the Plaintiff asserted that the Plaintiff received KRW 3,00,000 per month from the Defendants at a restaurant located in Yong-gun, Hongnam-gun, and served for two years after being employed by the chief of office. The Plaintiff asserts that the Defendants jointly and severally paid KRW 78,00,000 (=72,00,000 per month + 6,000,000 per month + 24 months of retirement pay), the total of KRW 6,000 for retirement pay of KRW 78,00,000 (=72,00,000 + 6,00,000,000) and damages for delay.

As to this, the defendants asserted that the plaintiff was a kind of partnership relationship with the plaintiff, but they did not employ the plaintiff, so they cannot respond to the plaintiff's claim

2. In full view of the purport of the argument in each statement in Gap evidence No. 1, Gap evidence No. 2, Eul evidence No. 1 and Eul evidence No. 1, the plaintiff purchased food materials, etc. necessary for operating a restaurant from time to time to time, and the plaintiff submitted a written complaint to the Gwangju Regional Employment and Labor Office, but the above branch office did not seem to be a worker who provided labor for the purpose of wages under the direction and supervision of defendant B, but it can be acknowledged that the above branch office issued a disposition of administrative closure on the ground that the plaintiff appears to be a partner who jointly operated the defendant B and the restaurant rather than a worker who provided labor for the purpose of wages.

As shown in the Plaintiff’s assertion, it is difficult to believe that the entry of No. 1 in the evidence No. 2 is in accord with the above facts, and it is insufficient to view that the Plaintiff entered into an employment contract with the Defendants, not a partnership agreement, and provided labor for the purpose of wages pursuant to it, and there is no other evidence to acknowledge it otherwise.

3. Thus, the plaintiff's claim against the defendants is without merit, and all of them are dismissed. It is so decided as per Disposition.

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