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(영문) 전주지방법원 2020.01.08 2018가단18957

부당이득금

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are workers who enter into an employment contract with the Defendant (former Mutual Liability Company V) and run the taxi. 2) The Defendant filed an application for corporate rehabilitation with the Jeonju District Court 2008 Joint1 and received a decision on commencing rehabilitation procedures from the above court on June 27, 2008, and was decided to authorize the repayment plan on December 3, 2009, and the rehabilitation procedure was completed on July 3, 2014.

B. On April 3, 2007, the Defendant entered into a supplementary agreement with the instant trade union representing the workers who entered into an employment contract with the Defendant, including the Plaintiffs (hereinafter “instant trade union”) on April 3, 2007 (hereinafter “Agreement on April 3, 2007”) as follows:

(i) 1) For 2-person vehicles, daily transport revenues are charged with fuel in gas charging stations designated by the Company, and fuel proceeds are paid from transport revenues to the Company on the same day and pays to the Company KRW 49,000 per annum and KRW 50,000 per o'clock 50,000 per annum with gas sales slips.

(1) (2) The daily transport revenue of the primary vehicle shall be charged with fuel in the gas charging station designated by the Company, and the fuel shall be paid from the transport revenue on the day to the Company with the gas sales slip and 66,000 won paid to the Company with the gas sales slip (2) 69,000 won that was rentaled and paid to the Company. (3) The ELP subsidy of the ELP special government shall be paid to the Company without the employee's claim.

(3) 4) Except as described above, the wage agreement shall apply (7) 5) as effective April 1, 2007.

(8) Paragraph (8) 2) On October 15, 2008, the Defendant made a supplementary agreement with the instant trade union on wages and collective agreements containing the following contents (hereinafter “Agreement on October 15, 2008”).

1) On October 14, 2008, the labor union of this case and the Defendant concluded between the Jeonju-si Branch and the Y Council under the Jeonbuk-gu Headquarters of the W Trade Union.