1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Facts of recognition

E (F) Around the end of 2004, the Plaintiff’s work status of E (F) entered in the restaurant chain company Defendant D (hereinafter “Defendant D”) and worked in the “G restaurant” operated by the above Defendant, and worked in the “G restaurant” from October 30, 2006, the above Defendant served in the Chinese restaurant operated by the said Defendant.

Since May 1, 2010, E served as a manager of the 24-hour K store in Seoul, Gangnam-gu, Seoul, as the State-only K store (hereinafter “instant store”) operated by C (hereinafter “Defendant D’s representative director”), and took charge of store management, such as management and supervision of employees, purchase of food materials, settlement of sales, and inventory management.

E ordinarily worked a day off at the store of this case, and worked from 09:00 to 21:00, including extended working hours, during which time was 14:0 to 16:00 among them.

E normally conducted collection of cash from 10:00 to 12:10, inventory inspection, order order of 12:10 to 14:00, time to rest from 14:00 to 16:00, preparation of materials from 16:0 to 18:00, full-time business from 18:00 to 20:00, full-time business from 20:0 to 22:00, and finished-time business cleaning.

The sales of the instant store was lower than that of Defendant D’s other branches, etc., and E was a way to increase sales by receiving time from Defendant D’s other customers on the first floor where the instant store is located to improve sales performance, such as making proposals to Defendant D’s head of the headquarters, etc., and it was more time than the existing one from February 1, 201, according to the above sales increase scheme.

Of February 1, 2011 to February 28, 2011, 244 hours and 50 minutes (average 8 hours and 44 minutes per day) of 27 days from February 28, 2011 to February 31, 2011, 254 hours (average 8 hours and 11 minutes per day) of 30 days from March 1, 201 to April 30, 201. The average of 270 hours and 30 minutes per day from April 30, 201 to April 30, 2011.