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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Plaintiffs, N.O., the lawsuits of the net Q.
Reasons
1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows: “A. Q died on January 29, 2017 between the 7th judgment of the court of first instance and the 5th judgment and the 6th judgment; “A. Q died on January 29, 2017; the heir of Q at the time added “AO and AP, a spouse, Plaintiff N, Plaintiff AO, a child, was a spouse; and the Defendant’s new assertion, etc. were added by the court of first instance except for adding the following judgment to the Defendant
(In accordance with the evidence duly adopted and examined by the first instance court, the findings of the first instance court and the judgment are justifiable). 2. The defendant's new assertion in this court, etc.
A. The defendant asserts that since the transportation revenue that the defendant must return to the plaintiffs is not a wage, its legal nature is not a wage, the interest rate of delay damages should be the interest rate as stipulated in the Civil Code or the Litigation Promotion Act.
In addition to paying a certain amount according to the actual working days of a taxi company to its affiliated drivers each month, if the balance after deducting a certain amount of taxi commission paid to the defendant company out of daily transportation income has been left to a free disposition with the individual's income, the part that constitutes individual's income and also constitutes wages as remuneration for labor (see, e.g., Supreme Court Decision 91Da36192, Dec. 24, 1993). In full view of the arguments in the evidence Nos. 1 and 2, in full view of the purport of the arguments, the plaintiffs and the defendant concluded a collective agreement that the plaintiff and the defendant shall pay 90% of the balance after deducting the taxi commission from the transportation income paid to the company by the taxi driver, as piece rate, in light of the above legal principles, such piece rate shall be deemed as wages as remuneration for labor.
other than this.