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(영문) 광주지방법원 2019.01.08 2017가단23825
임금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff’s primary cause of claim (hereinafter referred to as “instant restaurant”) - The Plaintiff, by 2012 or 2016, sent to his woman-related relationship with C by 2012. The Plaintiff, who operated the meat processing plant, proposed the instant restaurant business to C, created a corporation that is D in the name of C, and subsequently established the Plaintiff’s machinery and equipment and customer to use the Plaintiff. On January 2013, 2013, the Plaintiff acquired the Fcafeteria restaurant (G stores, and the closure of business, February 2014) located in Gwangjubuk-gu, Gwangju (hereinafter referred to as “instant G stores”) and operated the instant restaurant (hereinafter referred to as “instant restaurant”) by taking over and operating the instant restaurant located in H in Gwangju-gu, Gwangju (hereinafter referred to as “the instant G stores and J points”), in light of the Plaintiff’s business planning, establishment and acquisition of the Plaintiff, and distribution of the instant restaurant, the Plaintiff’s employees and management of the instant restaurant from 10 to 13, 2017.

B. From 2013 to 2016, the Plaintiff sought payment of the same amount as the purport of the claim out of the net income for the restaurant of this case.

B. Preliminary Claim (Claim for Wages and Retirement Allowance) - Even if the relationship between the Plaintiff and the Defendant is not recognized, the Defendant is liable to pay the Plaintiff wages and retirement allowances, since the Plaintiff did not change the fact that the Plaintiff provided labor in the instant restaurant, and the Defendant is liable to pay the Plaintiff wages and retirement allowances - The period of extinctive prescription has not expired from September 16, 2014 to January 31, 2017 (wages between September 16, 2014 and January 31, 2017).

2. However, according to the evidence submitted by the plaintiff and the defendant, C opens the restaurant of this case.

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