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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts (based on recognition: The fact that there is no dispute, entries in Gap evidence 1 and 9, the fact-finding inquiry and reply to the Seoul Southern Site Office of Seoul Regional Employment and Labor Office of this Court, the purport of all pleadings);
A. Defendant B is a doctor who opened and operated E in the form of business, and Defendant C and D are children of Defendant B.
B. The Plaintiff served as the chief management officer from around December 2012, when he/she had performed the Human Resources Corporation prior to the commencement of the Human Resources Business.
C. The E Council member started the business on February 15, 2013, but was temporarily closed on February 20, 2013 due to Defendant B’s health aggravation, and closed on June 3, 2013.
2. Determination on the claim for wages
A. Defendant B agreed to guarantee wages for five (5) years during the employment of the Plaintiff as an employee. On April 22, 2013 and May 21, 2013, Defendant B agreed to guarantee wages for five (5) years in return for the hospital work and the development of Defendant B’s Jeju-do land. Defendant C and D guaranteed Defendant B’s wage obligations for the said five (5) years.
However, the Plaintiff’s monthly wage is KRW 4,036,40. Defendant B paid only KRW 4,036,40 to the Plaintiff. As such, the Defendants jointly and severally paid the remainder of the monthly wage of KRW 238,147,600 (=2,036,400 + 60 months – 4,036,400) and damages for delay.
B. (1) Examining the facts acknowledged prior to the closure of E, and the aforementioned macroscopic evidence, and the purport of the entire pleading in the statement in subparagraph 13, it can be recognized that the Plaintiff served in E, from December 2012, E, E, which was opened on February 15, 2013, but was temporarily closed on February 20, 2013 due to the aggravation of health of Defendant B, the Plaintiff provided labor by paying E, paying E, or handling the duties related to the closure of E, and E, which is closed on June 3, 2013. Accordingly, Defendant B, barring any special circumstance, shall be paid the Plaintiff’s wages to the Plaintiff as to the Plaintiff’s provision of labor.