퇴직금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On June 20, 1997, the Defendant Company as a party is a corporation with the objective of transporting taxi passengers, passenger vehicles, etc., and the Plaintiff joined the Defendant Company and retired from office as a taxi engineer for 6,616 days until July 31, 2015.
B. From January 1, 2015, the Plaintiff paid a certain amount of money (98,00 won) to the Defendant Company as the daily taxi commission (on December 31, 2014) during the period of service at the Defendant Company, the remaining transport income (hereinafter “excess transport income”) reverts to its own income. From January 1, 2015, the Plaintiff paid a daily transport income to the Defendant Company, including excess transport income.
C. The Defendant Company paid retirement allowances to the Plaintiff based on the average wage [the average wage of 882,00 won in May 2015, wage of 1,015, wage of 1,015, wage of 400 won in June 2015, total of 3,020,066 won in July 2015, average wage of 32,826.81 won in July 201 (=3,020,066 won in 3,020,/92)] for the three months immediately preceding the retirement of the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1-2, the purport of the whole pleadings
2. The Plaintiff asserted that the Defendant Company paid total transport earnings, including excess transport earnings, to the Defendant Company, and the Defendant Company paid the Plaintiff basic pay, allowances, excess transport earnings, etc. after deducting taxi commissions and taxes and public charges from the said total transport earnings on the monthly wage payment date.
As above, the Defendant Company was able to manage and control excess transport earnings by receiving total transport earnings, including excess transport earnings, from the Plaintiff, and paid monthly excess transport earnings along with the benefits, the excess transport earnings should also be calculated, including the average wage.
The Plaintiff’s wages from May 1, 2015 to July 31, 2015 = KRW 8,979,546 = 2015.