채무부존재확인
1. The Plaintiff’s 28,071,450 won against Defendant B, 6,095,265 won against Defendant C, and 52,189,800 won against Defendant D.
1. Basic facts
A. The Plaintiff is a company that runs a cargo transport business.
Defendant B from the end of August 2015 to December 2016; Defendant C from May 2013 to August 2015; and Defendant D from May 2013 to April 2015 to each Plaintiff’s large truck driver from May 2012 to April 2014.
B. Around January 25, 2017, Defendant B sent a written notice demanding the Plaintiff to pay KRW 28,071,450 for overtime work allowances, KRW 6,095,265 for overtime work allowances around February 17, 2017, and Defendant D to pay KRW 52,819,800 for overtime work allowances on February 14, 2017.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion concluded a labor contract under the comprehensive wage system with the Defendants, including the basic salary and statutory allowances, and paid all wages therefrom. As such, the Plaintiff’s obligation to pay overtime allowances to the Defendants does not exist.
In addition, there is no fact that the Defendants did overtime work.
B. The Defendants alleged by the Defendants did not conclude a labor contract under the comprehensive wage system with the Plaintiff.
The Defendants worked for more than five hours a day during the period of working as an employee of the Plaintiff.
Therefore, the Plaintiff is obligated to pay overtime allowance under the Labor Standards Act to the Defendants.
3. Determination
A. Whether an agreement on the comprehensive wage system was established, without calculating the basic wage system as to whether to enter into an employment contract based on the comprehensive wage system, by setting the aggregate of the allowances as monthly wage or daily wage, or by paying a certain amount as the total allowance, should be determined by comprehensively and comprehensively taking into account various circumstances, such as working hours, type and nature of work, unit for wage calculation, collective agreement and employment rules, and actual conditions of the same workplace.
At this time, collective agreements, rules of employment and.