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(영문) 대구지방법원 2018.11.14 2018나302269
임금
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. Basic facts

A. From June 20, 201 to September 5, 2016, the Plaintiff: (a) was a beauty artist (Hodiner) at D (Gu E; hereinafter “instant beauty shop”) located in Daegu-gu, Daegu-gu, which the Defendant operated.

B. On January 1, 2014, when the Plaintiff worked as a beauty artist at the beauty art room of the instant case, the Plaintiff drafted a “Hodier’s free occupation income contract (hereinafter “instant contract”) with F, the husband of the Defendant.” The main contents of the contract are as follows:

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to determine, through an agreement, all the rules relating to the distribution between the defendant and the plaintiff of income arising from beauty art services provided by the plaintiff to the defendant.

Article 2 (Status and Roles of Contracting Parties) The defendant and the plaintiff are independent and equal business entities, respectively, and the plaintiff provides cosmetic services to the defendant, and the defendant shall provide brand, place, and ancillary facilities necessary for the plaintiff to provide cosmetic services.

Article 3 (Contract Terms and Recontract Terms) Paragraph 1: The period of this Agreement shall be from January 1, 2014 to that of the contract.

Paragraph 2: Where either party intends to terminate the contract during the contract period under the preceding paragraph, he/she shall notify the other party of the date 30 days prior to the date of termination.

Paragraph 3: In principle, the contract shall be terminated at the same time as the contract term under the preceding one expires, but it may be extended or renewed by agreement between the parties.

Article 4 (Amount of Income Distribution) Paragraph 1 of Article 4: (Definition of Rate of Income Distribution of Hedidr) The rate of income allocation of Hedidr means the rate of amount paid to Hedidrr out of income (excluding value-added tax) generated from the Plaintiff’s beauty service.

Paragraph 2: (Distribution of Income of Hedr) ① The allocation of income of Hedr by Hedr shall be based on the sales results that he/she directly counted through the Hague treatment service from the first day of each month to the last day of each month.

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