1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2...

Basic Facts

The defendant is a company running urban bus transportation business, etc. at Ansan-si, and the plaintiff is employed by the defendant company from July 24, 2012 to July 2017 and has worked as a large bus driver of the defendant company as a day (six times a day bus operation).

The provisions concerning the calculation of wages of large bus officers in the collective agreement of 2015 concluded between the defendant and the defendant's trade union (hereinafter referred to as "group agreement") and the wage agreement of 2016 (hereinafter referred to as "wages agreement") shall be as specified in attached Table 1.

(A) Evidence A, Nos. 1, 2, 3, and 4. The working day of July 2017 that the Defendant Company allocated to the Plaintiff is 1,3,5,9, 11, 13, 15, 17, 19,23, 25, 27, 29, 29, and 31 (total 14 days). The working day of the said 14th working day (19 days) was returned to the Plaintiff during the middle of six times a day on the ground of personal illness, and the remaining 13th working day was returned to the Plaintiff during the middle of three times, and the Plaintiff’s actual working hours during the said 13th working days were 6,697,5 minutes extended, 283 minutes extended, and 341 minutes at night.

On July 2017, the Defendant paid KRW 6,901.51 as a major bus engineer’s wage to the Plaintiff on the ground of the Plaintiff’s return to China, and KRW 838,821 as an amount calculated on the basis of the Plaintiff’s actual working hours, which is the basic wage of KRW 70,381, the extension allowance of KRW 48,828, and the night work allowance of KRW 19,612.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1 through 6, Eul's evidence Nos. 1 through 5, the assertion of the purport of the whole pleadings, and the plaintiff's assertion of judgment that the plaintiff used 13 times as one-day leave and 13 times as one-day leave out of the plaintiff's annual leave of July 2017, which remains until the time of service. Thus, it shall be deemed that the plaintiff worked for the 14th working day between July and July.

In such cases, the amount of benefits in July 2017, which the plaintiff should receive, shall be the basic wage of KRW 772,968 (Seoul 6,901.51 x 8 hours x 14 days).