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(영문) 대구지방법원경주지원 2015.04.07 2014가단2979
손해배상(기)
Text

1. The Plaintiff:

A. Defendant A’s KRW 8,430,731 as well as 5% per annum from April 1, 2013 to June 2, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a company running the taxi transport business, etc., and the Defendants are those who retired while serving as the taxi engineer of the Plaintiff company.

B. From September 2, 2009 to March 31, 2013 with respect to Defendant A, Defendant B with respect to August 17, 2009 to July 4, 2012, Defendant C with respect to the number of vehicles operated on each working day from December 21, 2009 to October 2, 2012, the deposit rate, and the personal service status of each individual who stated the actual deposited taxi commission.

【Ground of recognition】 The fact that there exists no dispute, Gap’s evidence 8 through 41, 2-5 through 40, and 3-6 through 37, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. Among the taxi commissions according to the deposit standards stated in the personal service conditions against the Defendants of unpaid taxi commissions, the fact that Defendant A failed to pay the taxi commission of KRW 1,983,731, Defendant B, and Defendant C’s 642,000 does not conflict between the parties. Therefore, Defendant A is obligated to pay the Plaintiff the taxi commission of KRW 1,983,731, Defendant B, and Defendant C, 184,594, and KRW 642,00.

B. The Plaintiff’s claim for damages equivalent to the difference in taxi commissions or unjust enrichment 1) The criteria for taxi commissions determined by the Plaintiff through wage negotiations between labor and management are as follows: (a) the primary system of 1st day per day (one taxi working on board; hereinafter “the primary system”).

(i)in the case of 75,000 won per day, 75,000 won per day and 1 second class per day (one taxi in shift; hereinafter referred to as “interparty lending system”).

In the case of the Plaintiff, the Defendant A is KRW 54,00 per day. However, even though Defendant A served 307 days in total from September 2, 2009 to March 31, 2013 as a scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics (307 days x 21,000 won - 54,000 won) on the part of the Plaintiff, Defendant A is obligated to pay damages or unlawful gains to the Plaintiff.

Defendant B, from August 17, 2009 to July 4, 2012, even though Defendant B served a total of 597 days from the service period to the German class system, only the taxi commission of the alternate shift system shall be the Plaintiff.

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