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(영문) 수원지방법원 2015.10.07 2014가단520234
퇴직금
Text

1. The Defendant (Counterclaim Plaintiff) and the Plaintiff (Counterclaim Defendant) from April 29, 2014, with respect to KRW 23,877,616 and its amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Defendant is a person who operates G “G” on the first floor of the Fma in Heung-gu, Young-si (hereinafter “the beauty room of this case”), and the Plaintiffs were those who retired from the beauty room of this case while serving as a harr.

B. While working in the beauty art room of this case, the Plaintiffs prepared the Plaintiff’s “Business Entrustment Contract” and “The Vocational Employment Income Contract for The Haguener,” and the Defendant B also prepared the “Business Entrustment Contract,” and the Defendant C drafted “The Employment Income Contract for the Sluriner’s Free Employment Income.”

C. The above entrustment contract contains the following contents:

The term “A” (referring to the Defendant; hereinafter the same shall apply) provided “B” (referring to the Plaintiff; hereinafter the same shall apply) with an opportunity to choose whether to obtain the status of workers receiving wages under the employment-subsidiary relationship; ② whether to obtain the status of workers receiving wages under the employment-subsidiary relationship; ② whether to obtain the status of settling accounts in accordance with the separately agreed settlement rate table using Gap’s brand and store; ③ where “B” selects a business consignment relationship, the term “A” knew that various kinds of wages, rest hours, vacations, holidays, leave, dismissal, retirement, retirement allowances, accident compensation, and 4 major insurance, etc. according to labor should be applied in case “B” selects a business consignment relationship; ④ For this, “B” should have the right as free employment income; bear the corresponding liability; and endeavor to comply with the other party’s duty to pay due consideration to each other; and

(5) However, the terms "A" and "B" may offer to the other party an offer to convert the business entrustment relationship into the employment relationship at any time in the future.

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