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(영문) 서울동부지방법원 2015.06.24 2014가합109981
임금
Text

1.(a)

Defendant B and the Defendant (Counterclaim Plaintiff) C jointly and severally notify the Plaintiff (Counterclaim Defendant) of KRW 106,507,934.

Reasons

1. Basic facts

A. On June 1, 2006, the Plaintiff joined the Defendant Company B (hereinafter “Defendant Company”) and served as the head of the Research and Development Headquarters, and retired on February 28, 2014, and registered as the inside director of the Defendant Company from April 6, 2007 to August 26, 2010, and from August 17, 2012 to the retirement date.

B. On July 28, 2014, the Plaintiff and the Defendants confirmed that the Defendant Company failed to pay the Plaintiff the total of KRW 50,619,050, and KRW 55,888,884, and KRW 111,507,934 in the amount of KRW 55,888,884, and short-term loans KRW 5,000,000, and the Defendants jointly paid the amount to the Plaintiff. However, the Defendants agreed to pay the amount to the Plaintiff in the order of borrowings, wages, and consolation benefits (hereinafter “instant agreement”).

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination on the main claim

A. 1) In determining whether a contract constitutes a worker under the relevant legal principles, whether it is a worker or not, regardless of whether the contract is an employment contract under the Civil Act or a contract for work, or whether it is a subordinate relationship with an employer for the purpose of wages in substance. In determining whether a dependent relationship exists, the contents of the work are determined by the employer, the application of rules of employment, service regulations, personnel regulations, etc., and the employer is specifically and directly directed and supervised by the employer in the course of performing the work, whether the work hours and place is designated by the employer and are detained by the employer, whether the worker is replaced by the work, whether the worker is a substitute worker for the work, whether the worker is carrying out by proxy the work by employing a third party, and whether the work is owned by the equipment, raw materials, work equipment, etc.

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