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(영문) 대구지방법원 2018.08.16 2017나316568
정산금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim and the counterclaim by the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts - Contract period: From April 1, 2015 to March 31, 2016 - Wages: The Defendant’s daily pay shall be KRW 110,000, and the daily pay shall be settled on April 16, 201 and the following month.

- Work hours: 08:0 to 17:00 - Recess hours: 12:00 to 13:00 - Holidays may be on holidays if there are two days a month.

- Recognizing that there is no wish for improvement as a person who has poor work performance on the grounds of termination of the contract.

(i) a person who has been absent without permission for not less than two days, either intentionally or by gross negligence, thereby impairing the reputation or causing damage to the company, - a person who intends to resign during the term of the other working conditions shall submit a resignation document 15 days prior to the date of resignation and work in good faith until the date of acceptance

If there is no extension of a labor contract, it shall be notified 15 days before the expiration date.

On April 9, 2015, the Plaintiff entered into an employment contract with the Defendant with the following terms.

- Contract term: From May 1, 2015 to March 31, 2016 - Convention:

1. The oil expenses and the vehicle maintenance expenses shall be borne by the Defendant in the total revenue portion per month;

2. The plaintiff shall pay the full amount of the vehicle insurance premium.

3. The revenues other than oil belts and maintenance belts shall be allocated to the plaintiff 4.5 and the defendant 5.5 from the total revenues of one month.

4. Retirement pay and fourth insurance shall be one who is not liable in person due to his own circumstances.

5. 20,000 won shall be deducted, and deposit shall be paid after retirement to restore the vehicle to its original state.

- A person who has been absent without permission for not less than two days on purpose or by gross negligence, thereby impairing the company’s reputation or causing damage to the company, - a person who wishes to resign during the term of the other terms and conditions at least 15 days before the date of the resignation and shall work in good faith by the date of the acceptance.

If there is no extension of a labor contract, it shall be notified 15 days prior to the expiration date.

B. On May 13, 2015, the Plaintiff had the Plaintiff as “user” and the Defendant as “worker” and the Defendant as “worker” and the Defendant’s vehicle F15 tons.

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