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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
Reasons
1. In the first instance court’s trial scope, in the first instance court, the Plaintiff filed a claim for the principal lawsuit claiming for the payment of transportation income ( taxi commission) KRW 1,224,468, advance payment, KRW 100,000, and the Defendant filed a claim for night work allowance and minimum wage shortage. The part of the claim for advance payment in the principal lawsuit was dismissed, and only the transport income claim was accepted (However, a part of the claim for delay compensation on transportation income is dismissed), and the counterclaim claim was all dismissed, and it is evident that only the Defendant filed an appeal.
Therefore, it is judged that only the portion of the transport income claim and the counterclaim claim are subject to the judgment of this court.
2. Basic facts
A. On August 29, 2007, the Defendant was employed by the Plaintiff and served as a taxi engineer, and retired on July 20, 2012.
B. The Defendant, upon which the settlement was concluded, filed an application for remedy against unfair dismissal with the Gyeongbuk Regional Labor Relations Commission (Seoul High Court Decision 2012Du417). On July 27, 2012, a settlement was established between the original Defendant and the Defendant as follows.
1. The original defendant recognizes that the employment relationship was terminated on July 20, 2012.
2. The Plaintiff shall deposit the Defendant’s retirement allowance into the Defendant’s account by August 3, 2012.
3. The original defendant shall not raise any objection under the Civil, Criminal and Labor Relations Act in connection with the settlement of this case in the future.
C. Defendant’s non-payment of transportation revenue (1) A collective agreement and wage agreement concluded between the Daegu metropolitan taxi transportation business association to which the Plaintiff belongs and the Daegu regional headquarters of the National taxi industry trade union to which the Defendant belongs (hereinafter “group agreement”) in 201.
In connection with the proceeds of carriage, the following shall be established:
1. The average daily distance per capita shall be met per day, and the transportation income shall be 2,125,000 won (excluding February) during the service on board on the 25th day (excluding the period of February) of each month;
2...