1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Defendant is a corporation established for the purpose of cargo transport business, etc., and the Plaintiff is a person who served as a truck driver belonging to the Defendant from August 31, 2015 to December 14, 2016.

B. Meanwhile, the Plaintiff did not work by leaving a fixed time to a certain place, but managed the operated cargo vehicle separately, and worked in the form of driving only when the cargo is transported.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) If the distance transported by the plaintiff during his/her working period is calculated at a speed of 50km, the plaintiff is deemed to have worked overtime work for a total of 1,62 hours during his/her ordinary day and paid holiday work for a total of 69 hours during his/her Saturdays. Meanwhile, the plaintiff was paid 3,398,721 won for his/her overtime work and paid 3.6 million won as allowances for the above overtime work and holiday work (i.e., 13,397 won x 13,62 hours per hour x 1,62 hours) and 14,046,754 won per hour (i.e., 13,397 x 69 hours x 59 hours x 5 x 47,47546,4756,47550 won per hour). Thus, the defendant did not have an obligation to pay the plaintiff's wages to the plaintiff in the form of a comprehensive employment contract (i.

B. As to whether an inclusive wage system was concluded between the Plaintiff and the Defendant, one employer shall conclude an employment contract.