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(영문) 서울고등법원 2016.04.08 2015나2054835
퇴직금
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court's explanation concerning this case is as follows: the "AC oil station" in the 13th part of the 8th judgment of the court of first instance shall be deemed to be "AC oil station"; the "this court" in the 10th part of the 111th judgment shall be "AD"; the "AD" in the 16th part shall be deemed to be "H"; the "Article 2 subparagraph 6 of the Labor Standards Act" in the 17th part shall be deemed to be "Article 2 (1) 6 of the Labor Standards Act"; the "4,295,213 won" in the 18th part shall be deemed to be "12,85,640 won"; the "this case delegation contract" in the 10th part of the 10th judgment shall be deemed to be "this case's delegation contract"; the "this judgment" in the 19th part shall be added to "H"; and the judgment shall be cited by the main sentence of Article 20 of the Civil Procedure Act shall be added to the judgment as follows.

B. As the first instance court held, the plaintiffs should be deemed to be workers who provided labor in a subordinate relationship with the defendant for the purpose of wages, notwithstanding the form of delegation contract, and the defendant's assertion in violation of the principle of trust and good faith cannot be accepted. Thus, to the effect that it is contrary to this, the plaintiffs' evidence Nos. 6, 7, 9, 10 and 15 through 19, which are the evidence pointed out or additionally presented by the defendant in the trial, shall be dismissed.

2. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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