1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On February 8, 2014, the Plaintiff and the Defendant drafted an employment contract under the following terms and conditions (hereinafter “instant employment contract”) with the Plaintiff’s duty to work as the captain at the fishing vessel owned by the Defendant (C; hereinafter “instant fishing vessel”).

Article 1 (Period of Employment Contract) The period of employment contract (the period during which the plaintiff serves as a seafarer) shall be from February 1, 2014 to the same year.

7. up to 15.

Article 2 (Benefits, etc.) (1) The Plaintiff’s benefits shall be KRW 8,00,000 per month.

② At the same time, the Defendant shall pay 20,000,000 won as advance payment (hereinafter “advance”) to the Plaintiff at the same time as the Plaintiff goes on board, and the advance payment shall be deducted by the specified amount per month from the Plaintiff’s wages.

The amount deducted from the benefits shall be determined through mutual consultation between the plaintiff and the defendant.

Article 3 (Payment of Bonuses after Completion of Work Period) (1) The defendant shall pay the plaintiff 10% of the total amount of fishing.

B. The Defendant paid the Plaintiff KRW 25,000,000 as the advance payment.

C. From February 1, 2014, the Plaintiff, while serving as a shipmaster on the instant fishing vessel from February 1, 2014, left the vessel in the middle of June 18, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant is obligated to pay the Plaintiff the monthly wage of KRW 11,80,000,000 calculated on the Plaintiff’s working period as prescribed in the instant employment contract. (2) The monthly wage as prescribed in Article 2 of the instant employment contract is formally indicated in the agreement between the Plaintiff and the Defendant in order to use the instant employment contract as materials to the insurance company or the Korea Workers’ Compensation and Welfare Service. In fact, the Defendant agreed to pay the Plaintiff only 10% of the catch ratio as wages. The amount equivalent to 10% of the catch ratio due to the low operational capacity of the instant fishing vessel is also the amount of the vessel rent that the Defendant paid in advance to the Plaintiff.