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1. Revocation of the first instance judgment.
2. All plaintiffs' claims are dismissed.
3. The plaintiffs' total costs of litigation.
Reasons
1. Basic facts
A. The defendant is a person who is engaged in the business of collecting and transporting household wastes under the trade name of "G", and the plaintiffs are drivers and US dollars as employees employed by the defendant.
(b) The conclusion of a contract on vicarious implementation in 2015, the submission of a certificate of performance of the first working conditions, and the entrustment of the collection and transportation of living and food wastes between H market (A) and the defendant (B) shall be made, and the contract on vicarious implementation shall be made as follows:
Article 3 (Period of Agency Contract) The period of agency contract for collection and transportation shall be household wastes (from January 1, 2015 to December 31, 2016) and food wastes (from January 1, 2015 to December 31, 2016).
Article 4 (Payment of Agency Fees) The unit cost of transportation shall be 83,160 won per ton for domestic wastes and 74,940 won per ton for food wastes.
The adjustment of the contract price due to price increase, etc. shall adjust the agency fees in accordance with the Act on Contracts to Which a local government is a Party and the general conditions of the service contract
Provided, That when the contract amount is adjusted or a new contract is concluded, the agency fee shall be calculated by entrusting it to an institution specialized in cost calculation in accordance with the Guidelines for the Performance of Domestic Waste Collection and Transportation Services.
Article 12 (Termination of Agency Contract) In any of the following cases, A may terminate the contract, and B shall not claim damages against A:
2. On December 2014, the Defendant entered into the instant agency contract for the entrustment of the collection and transportation of living and food wastes (hereinafter “instant agency contract”) with H on the following terms and conditions as “A’s refusal to comply with, or breach of, an administrative order or an order to take measures.”
around September 2014, I, a foundation, prepared a "20,000,000 U.S. dollars" (hereinafter referred to as the "2014 report"). According to the 2014 report, the basic salary of the driver and U.S. dollars in the cost calculation is 2,253,680 won per month and bonus.