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The plaintiff's appeal and the claim extended in the trial are all dismissed.
2. The costs of the lawsuit after filing the appeal.
Reasons
1. The basic facts of the claim (1) the Defendants jointly operated the restaurant “D” in Osan City E, and the Plaintiff (1944 students and women) was employed by the Defendants on November 1, 2010, and performed activities such as preparation of food and snow stops in the above restaurant from that time.
However, the Defendants closed the above restaurant on October 1, 2017, and accordingly the labor contract relationship with the Plaintiff was terminated.
(2) Meanwhile, the Plaintiff’s wage agreed upon by the Plaintiff and the Defendants is KRW 2,30,000 per month from November 2014 to February 2017, and KRW 2,120,00 per month from March 2017.
(3) Prior to the filing of the instant lawsuit, the Plaintiff filed a petition with Defendant C to pay annual allowances to the Plaintiff (the Plaintiff is actually running the said restaurant independently, and Defendant C appears to have genuinely offered only the name in the name of the business registration) on July 2, 2018, the Defendant C, who, as a result of the investigation, found the unpaid annual allowances to be KRW 1,678,430, was found to have been paid to the Plaintiff on July 2, 2018.
(B) Defendant C was indicted for violating the Labor Standards Act on August 27, 2018, and was punished by a fine). Meanwhile, the Plaintiff filed the instant lawsuit on July 25, 2018, and filed a petition with the same labor office, which was subsequent to the instant lawsuit, to the Defendant C paid overtime pay to the Plaintiff, on the ground that there was insufficient evidence as to the Plaintiff’s overtime pay, etc. on November 27, 2018.
(5) Each of the above facts may be acknowledged in full view of the respective entries in Gap's 1 to 4, and Eul's 1 to 4 (including the Serial number; hereinafter the same shall apply) and the whole purport of oral arguments.
2. Judgment on the plaintiff's claim
A. (1) Determination of the cause of the claim for unpaid wages is made by the Defendants.