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(영문) 대전지방법원 2019.03.27 2016가단18781

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the passenger taxi transport business under the Passenger Transport Service Act and is a business place subject to the Minimum Wage Act that is admitted to C. The Defendant is a person who operated the taxi in the Plaintiff company.

B. From December 2, 2010 to May 15, 2016, the Defendant concluded a contract of employment by contract method and worked as a contract engineer.

[Labor contract by contract method" means that taxi drivers pay the standard transport earnings (so-called taxi commission) from the total transport earnings on the day of transport to the company, the remainder of excess transport earnings will result in an individual, but a separate monthly wage is not paid, and it also refers to a daily wage system. Article 4 of the Agreement on the Operation of the Private Production High (Non-Monthly) (hereinafter the same shall apply) (hereinafter the same shall apply) (Article 4 of the Agreement on the Operation of the Private Production High (Non-Monthly) (hereinafter the same shall apply) (hereinafter the defendant) shall operate a vehicle in his/her own account, deposit the amount of KRW 67,00 per day (hereinafter the plaintiff and the plaintiff) with the cost of his/her personal production (hereinafter the same shall apply), and the amount of personal production other than the input amount shall be the amount of income of Eul, and the

In other words, the income from excessive personal production corresponds to the amount of wages, retirement allowances, statutory allowances, etc. paid by regular workers, and it is not claimed through the appeal of the Ministry of Labor or the lawsuit of the court that makes subsequent overdue wages.

C. Article 4 of the Agreement on the Operation of Private Production (Non-Monthly) between the Plaintiff and the Defendant, signed on December 17, 2012, provides that Article 4 of the said Agreement shall be as follows:

A No. 6, hereinafter the above agreement is referred to as "the agreement of this case".

D. Meanwhile, on April 5, 2016, the Defendant asserted that the Plaintiff received excess transport earnings only during the period from April 2013 to March 2016, and did not receive the amount guaranteed under the Minimum Wage Act. Meanwhile, the Defendant filed a lawsuit seeking payment of total minimum wage of KRW 35,214,190 during the said period, and damages for delay thereof.

this Court.