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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts based on the facts are the representatives (in-house directors) of Co., Ltd. (hereinafter “Non-Party Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) running the wholesale business, retail business, etc., and the fact that the Plaintiff was insured as an employee of the Non-Party Co., Ltd. as an employee of the Non-Party Co., Ltd from August 22, 2012 to September 11, 2013 does not dispute between the parties, or that the Plaintiff was insured as an employee of the Non-Party Co., Ltd. (in-Party Co., Ltd.) by the purport
2. On the ground that the Plaintiff asserted that there was KRW 36,00,000, which was not paid by the Defendant and raised an objection against the Defendant, the Defendant: (1) upon the Plaintiff’s request, registered the Plaintiff as an employee on the list of employees of the non-party company in the form of applying the health insurance to the Plaintiff; (2) the labor contract was not concluded between the non-party company and the Plaintiff; and (2) the labor contract was concluded
Even if the subject of wage payment is the non-party company that is not the defendant, and (3) there was an agreement to pay KRW 5,000,000 between the plaintiff and the defendant in a petition case against the defendant, and accordingly, the defendant paid KRW 5,00,000 to the plaintiff. ④ The plaintiff's wage claim is proved to have already been extinguished by the statute of limitations for the short term extinctive prescription of three years.
3. Above all, the Plaintiff was in a de facto position as an employee of the non-party company from August 22, 2012 to September 11, 2013, which is the Plaintiff’s health insurance coverage period.
In addition, according to the overall purport of the statements and arguments in the evidence Nos. 3, 5, 6, and 8, the Plaintiff agreed to be paid KRW 5,00,000 with the Defendant, who is the representative of the non-party company, on November 24, 2014, and the Plaintiff and the non-party company paid KRW 2,50,000 on November 24, 2014, and the Defendant and the non-party company paid wage from December 15, 2014.