1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is a person who operates a pharmacy under the trade name of “C pharmacy,” and the Defendant is a person who is employed from December 1, 2013 to July 11, 2017 by the Plaintiff and provided labor at the said place of business.

B. The Plaintiff did not prepare a labor contract between the Defendant and the Defendant, but prepared a monthly salary statement to the Defendant, but did not separately state matters concerning the amount of deduction (income tax, national pension, medical insurance premium, employment insurance premium, etc.).

C. Meanwhile, the Plaintiff’s insurance premiums for the so-called four major insurance, such as national pension, national health insurance, employment insurance, and industrial accident compensation insurance, with respect to the Defendant.

A) Whether the withholding tax was not paid, part of the four premium was paid retroactively to the filing date of the report on September 1, 2016, as of August 1, 2016, and the Defendant paid the remainder of the four premium retroactively to December 1, 2013 after retirement (based on recognition). The fact that there is no dispute (based on recognition), Gap 3, 4, Eul 1, and 6 evidence (Evidence Nos. 1 and 6) are included in each item, and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff did not pay the 4th insurance premium during the service period of the defendant at the request of the original defendant, and thereafter, the plaintiff's 4th insurance premium was paid late because he threatened the defendant to file a civil complaint about the violation of the duty to withhold the 4th insurance premium for the defendant's criminal facts. Thus, the plaintiff suffered losses from the defendant's payment of the 9,026,360 won, which is the amount of the 9,026,360 won of the 4th insurance premium during the service period for the defendant's 4th insurance premium. Accordingly, the defendant obtained profits equivalent to the above amount without legal grounds, and thus

B. The defendant is to be paid KRW 15,000 to KRW 18,000 as the actual receipt amount after taxation between the plaintiff and the defendant.