logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.09.23 2019나59134
임금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The Plaintiff’s basic facts from March 5, 2017 to the same year.

6. By March 30, Busan’s mobile phone sales store (hereinafter “instant mobile phone sales store”) sold mobile phones at the Busan’s mobile phone sales store (hereinafter “instant mobile phone sales store”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 through 9, 17, 18, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1) The plaintiff is entitled to the wages of KRW 2,500,000 per month from the defendant, and provided labor at the mobile phone retail store operated by the defendant. Therefore, the defendant is obligated to pay the plaintiff a four-month wage of KRW 10,00,000 ( KRW 2,50,000 x 4) and damages for delay. 2) The plaintiff's assertion and D jointly operated the mobile phone retail store for their own account, and the defendant is not the plaintiff's employer.

B. Determination as to Gap evidence Nos. 16, 17, Eul evidence Nos. 1, 3, and 5 were sent a text message stating that "if the plaintiff sells only one mobile phone at the mobile phone retail store in this case, it shall be paid 50,000 won per case and shall be divided between the plaintiff and the employee in charge of the computer system"; ② The plaintiff sent to the defendant a text message stating that "if the plaintiff sells only one mobile phone at the mobile phone retail store in this case, it shall be paid 50,000 won per case and shall be paid 50,000 won per case; ② The plaintiff sent to the defendant a text message stating that "if the mobile phone retail store in this case, it shall be paid 10,000 won per case, and it shall be divided between the plaintiff and the employee in charge of the computer system"; ③ There was no indication as to the unpaid wages in the confirmation document prepared on June 30, 2017 between the plaintiff and the defendant; ④ the plaintiff's business registration is jointly with the employment relationship.

arrow