1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

1. Basic facts

A. The Defendant has concluded an agency contract for collecting, transporting, and cleaning drinking water and food waste, and the Plaintiffs are the employees of the Defendant, who have been in charge of cleaning duties as above.

B. The Defendant included “basic pay, special duty allowance, work encouragement allowance, household subsidy, fixed meal allowance, and transportation subsidy” as the constituent elements of ordinary wage, which are the basis for calculating overtime allowance, night work allowance, holiday work allowance, annual allowance, etc. (hereinafter “legal allowance”), but did not include the horses allowance, overtime work allowance, physical training allowance, and holiday work allowance (hereinafter “each of the instant allowances” in combination with four), and paid them to the Plaintiffs by calculating wages and retirement allowances.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, fact-finding on the leisure market by the court of first instance, purport of the whole pleadings

2. Although each of the instant allowances paid to the Plaintiffs constituted ordinary wages, the Defendant calculated ordinary wages, excluding each of the instant allowances, and paid statutory allowances based thereon.

Therefore, the defendant is obligated to pay each of the money stated in the purport of the claim calculated by including each of the instant allowances into ordinary wages for unpaid wages after February 2010, for which the extinctive prescription has not been completed for the plaintiffs.

3. Determination as to the cause of action

A. Whether a certain wage constitutes ordinary wages shall be determined based on the objective nature of whether the wage is a money or goods paid to an employee as a consideration for contractual work, and whether the wage is regularly, uniformly, and uniformly paid to an employee. It shall not be determined by formal standards, such as the name of the wage or the length of the payment cycle.

B. According to the overall purport of evidence Nos. 4 and 1 and evidence Nos. 1, the Defendant shall compile a collective agreement and labor cost for street cleaners.