logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.09.06 2018나1239
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for this court’s explanation are the same as the reasons for the judgment of the court of first instance, except for addition or dismissal under paragraph (2) below. Thus, it shall accept it by the main sentence of Article 420 of the Civil Procedure Act.

2. The parts that are added or changed; and

A. Part II of the judgment of the court of first instance is in accordance with the following: (a) Part II of the judgment of the court of first instance No. 19 to 3.

“C. The Plaintiff: (a) registered its business with the trade name “G” on September 25, 2006; (b) registered its business with the trade name “F” on August 19, 2014; and (c) issued monthly tax invoices after receiving sales commission from the Defendant; and (c) the Defendant Company currently registered its business and then arranged its advertiser (hereinafter “operating”).

(ii)The number of approximately 72 persons working at work are 69 persons employed as full-time employees who work in a department, such as accounting and accounting division.”

(b) Nos. 3 through 16 of the judgment of the first instance court are as follows.

"In the absence of dispute" means "(based on recognition), Gap's testimony, Gap's witness C, witness of the court of first instance, witness of the court of first instance, witness of the court of first instance, witness of the court of first instance, witness of the court of first instance, witness of the court of first instance, partial testimony of the court of first instance, and the purport of whole pleadings," stated in Gap's evidence 1 through 6, 9, 10, 12, 13, 52,

(c)on the fourth decision of the court of first instance, not more than seventeen (17) shall be added:

In addition, the plaintiff asserts to the effect that the nature of the alternative reserve fund for outstanding amounts corresponds to the payment of wages, but the plaintiff cannot be recognized as the defendant's employee as seen later. Therefore, the plaintiff's above assertion is without merit, regardless of the need for further review.

(d) conduct Nos. 19 and 11 of the first instance judgment are as follows.

A. The plaintiff's assertion did not conclude a labor supply contract with the defendant, such as labor contract or employment contract, but there was an entry of a certificate of employment issued by the defendant, and the conclusion of an advertising contract shall be conducted by advertising business and advertising agency.

arrow