(영문) 울산지방법원 2015.05.13 2014나390 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2015.05.13 2014나390

임금

Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. On May 24, 2010, the Plaintiff entered into an employment contract with the Defendant and served as the Defendant’s taxi driver from that time, and the fact of withdrawal on February 22, 2013 does not conflict between the parties.

2. Determination on the cause of the claim

A. From August to December 2012, 2012 (excluding December 2011), the Plaintiff asserts that the Defendant is obligated to pay the said amount to the Plaintiff, since the Plaintiff, from August to December 2011, 2011, deducted the sum of KRW 16,503,00 from the benefits to be paid to the Plaintiff each month (excluding December 201) without any grounds.

In light of the purport of the argument in each statement in the evidence No. 1-3, No. 1-1-2, No. 1-2, and No. 12-1 through 5 of the evidence No. 1-5, the plaintiff and the defendant, at the time of entering into a labor contract, pay a certain amount of the transport earnings to the defendant instead of receiving a fixed amount of wages from the defendant, and the remainder of the transport earnings shall be the plaintiff's profits. The plaintiff agreed to deduct the unpaid amount from the wage if the plaintiff did not pay the taxi commission to the defendant. The plaintiff's total amount of the taxi commission that the defendant did not pay to the defendant from August to December 2, 2012 is 16,500 won, and the defendant deducted it from the amount of wages that the plaintiff would pay to the plaintiff. Thus, the plaintiff's assertion that the defendant deducted the above amount from the wage without any grounds is without merit.

B. On January 1, 2013 and February 2, 2013, the Plaintiff asserted that the Defendant did not pay KRW 1,510,01 for the portion of January 2013 and KRW 533,945 for the portion of February 2013.

According to the statements in the evidence Nos. 1-1 and 2-2, the defendant's wage of January 2013 to be paid to the plaintiff is KRW 218,082, and the wage of February 2013 to be paid to the plaintiff can only be recognized as constituting a cause of 277,440, and the above argument by the plaintiff is reasonable within the scope of the above recognition, and there is no reason for the exceeding part.

For this reason,

유사 판례

-부산지방법원 2020.11.20 2019나64525

-창원지방법원 통영지원 2017.11.22 2016고단1954

-수원지방법원성남지원 2015.01.05 2014가단4315

-수원지방법원 2016.06.09 2015나3843

-수원지방법원 2015.09.18 2015가합60033