beta
(영문) 광주고등법원(전주) 2019.12.05 2019나11215

부당이득금반환

Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. The relationship between the parties, etc. 1) Defendant (a) is a corporation with the purpose of taxi transportation business, etc. at the Jeonju District Court 2008 Gohap1 on June 27, 2008. BD was applied to the Defendant for commencement of rehabilitation procedures by the Jeonju District Court 2008. The Defendant received a decision of commencement of rehabilitation procedures from the above court on December 3, 2009 and was decided to terminate rehabilitation procedures on July 3, 2014. 2) the Plaintiff (designated parties; hereinafter “Plaintiff”) and the designated parties expected to enter into a labor contract with the Defendant and the designated parties expected to enter into a labor contract on July 3, 2014 (hereinafter “Plaintiff, etc.”).

Plaintiff

On a daily basis, the minimum transport earnings (referring to the so-called “voluntary commission”; hereinafter referred to as “ taxi commission”) have been paid to the Defendant, and the transport earnings in excess of the taxi commission have been operated in the form in which the Plaintiff, etc. is reverted.

B. Since April 3, 2007, the DF C subdivision of the DF (hereinafter “instant trade union”) which is a trade union representing the Plaintiff, etc. to conclude a collective agreement with the Defendant regarding taxi commission and the payment of LPG fuel subsidies, etc., the following collective agreements were concluded with the Defendant: (i) the agreement on April 3, 2007 to supplement the Wage Agreement as of April 3, 2007 (hereinafter “Agreement as of April 3, 2007”).

Supplementary Agreement to Wage Agreements

1.For two-way vehicles per day, fuel shall be charged to the gas charging station designated by the Company with fuel, and the fuel price shall be paid to the filling station with transport revenues on the day, and for vehicles operating on the A.M. along with the gas sales slips, 49,000 won for vehicles operating on the A.M. and 50,000 won for vehicles operating on the A.M. shall

2.The primary vehicles per day are charged with fuel in gas charging stations designated by the Company, and the fuel cost shall be paid to the filling station on the day transport revenues, and 66,000 won shall be paid to the Company with gas sales slips and 69,000 won shall be paid to the Company.

3.PG special carbon tax;