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(영문) 서울고등법원 2014.08.29 2013나51201
퇴직금등
Text

1. Of the judgment of the first instance court, the part against the plaintiffs is modified as follows. A.

The defendant shall attach attached Form to the plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendant is a company that operates M and N(hereinafter “LA”) in Seoul Special Metropolitan City, Nowon-gu L.

The plaintiffs were driving a school bus of a fish driving school, and the bus operated by the plaintiffs was owned by the plaintiffs, but the ownership registration name was made in the future of the defendant.

B. The Plaintiffs received the basic salary based on the vehicle size from the Defendant. The Plaintiffs are roughly KRW 1.5 million for the passenger driver, KRW 1.8 million for the passenger driver, KRW 25 million for the passenger driver, KRW 2 million for the passenger driver, and KRW 2.1 million for the passenger driver for 45 passengers.

Each basic pay of the plaintiffs is the same as the amount stated in the "basic pay" column of the attached retirement allowance calculation sheet.

C. The Plaintiffs received money from the Defendant after deducting the amount of wage and salary income tax, resident tax, national pension premium, national health insurance premium, employment insurance premium, etc. and retirement allowances, vehicle oil card expenses, automobile insurance premium, and fines for negligence incurred from automobile operation from the total sum of basic salary, oil allowance, continuous service allowance, etc. in return for vehicle operation.

The defendant paid all withholding wage and salary income tax, resident tax, national pension premium, national health insurance premium, employment insurance premium, and industrial accident compensation insurance fee (so-called four insurance premium) to the competent agency.

The "Special Agreement on Vehicle Operation" prepared by the plaintiffs and the defendant provides that the plaintiffs' holidays shall be given on Sundays and legal holidays (Provided, That in the case of operating on a holiday, allowances shall be separately paid), and the area and frequency of operation shall comply with the defendant's operational policy, and if the failure of the plaintiffs in operation causes interference with the transportation of the defendant due to the absence of the plaintiffs from office without permission, it shall be subject to the defendant's vehicle management regulations, and the plaintiffs shall not transfer their contractual rights to others, and the vehicle painting shall be conducted in the color and pattern designated by the defendant and shall not change the color at will.

(b).

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