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(영문) 서울동부지방법원 2020.12.04 2020나751
손해배상(기)
Text

Of the judgment of the court of first instance, the part against the plaintiff (appointed party) corresponding to the amount ordered to be paid.

Reasons

1. The facts below the basis of facts do not conflict between the parties, or may be admitted in full view of the whole purport of the pleadings in each entry in Gap evidence of 1 to 8, Eul evidence of 1 to 7, and evidence of 20 to 27 (including each number).

The defendant is a company running the taxi transport business, and the E Trade Union (hereinafter referred to as the "EMM") is the defendant's trade union.

The Plaintiff served as a driver from October 6, 2012 to April 30, 2017; D from November 1, 2011 to August 31, 2018; and Appointor C from June 18, 2016 to September 30, 2018; and was a member of Eno-Ma during his/her term of office.

B. On July 24, 2015, the main contents of the wage agreement entered into between the ENo and the Defendant are as follows:

1) The amount of payment on a daily basis (based on 26th day) for the prevention of negligent operation of basic policy revenues and the calculation of monthly salary shall be paid as follows: ① The scope of application of this Agreement applies to workers who have joined the E trade union.

3) The number of monthly working days shall be 26 full hours per day in the case of the two-day working system. 4) Wage system and classification 1) Fixed-amount pay: The amount of monthly fixed-amount pay means the wage that is paid to the monthly standard transport income for the calculation of the monthly fixed amount pay.

(2) Performance rates: The amount allocated at the ratio of 60% by female workers and 40% by a company when an excess amount of standard transport income for calculating the monthly fixed amount of wages occurs.

5) Performance rates calculated on the 26th day of a month = (Cumulative total of monthly revenues - base revenues for calculating the fixed monthly amount of wages) ¡¿ 60/100 (2) 】 Cumulative total of total monthly revenues ± (Standard transport earnings for calculating the fixed monthly wage ± 26 days x the number of days on board) 】 60/100 x (amount of excess wages exceeding the standard transport earnings x 60/10).

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