1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revocation shall be dismissed.

1. Basic facts

A. The defendant is a company established for the purpose of production, sale, installation, repair, etc. of elevators, etc., and the plaintiff is a worker employed by the defendant company on October 27, 1986 and has served until now.

B. Of the Defendant’s collective agreement in 2012 (term of validity is from April 1, 2012), the part related to the instant case is attached hereto.

1. The collective agreement in 2014 (the term of validity is from April 1, 2014) includes “communication expenses” and “breathing expenses” in ordinary wages, but excludes bonus payment, the total wage reflected in bonuses is the same as the collective agreement in 2012 instead, with the exception that it would follow a separate agreement on December 18, 2014.

C. In accordance with the above collective agreement, the Defendant paid the basic salary and allowances (excluding the family allowances, continuous service allowances, production encouragement allowances, harmful allowances, qualification allowances, remote areas, job allowances, job allowances, position allowances, position allowances, commuting allowances, and food expenses) to the employees under his/her jurisdiction, and paid the bonus of 800% per annum (hereinafter “instant bonus”) by adding 100% of the basic salary and allowances (excluding the job allowances, commuting allowances, food expenses, communication expenses, and bathing expenses) to the employees under his/her jurisdiction, and paid them for February, April, June, June, August, August, October, October, October, 12, and year.

The Defendant calculated ordinary wages by excluding the instant bonus, and paid overtime work allowance, night work allowance, weekly holiday allowance, and annual holiday allowance calculated on the basis of such calculation to the Plaintiff.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1

2. The parties' assertion

A. The Plaintiff’s bonus constitutes ordinary wages, since it is money and valuables paid periodically, uniformly, and regularly to workers as remuneration for contractual work. The part of the collective agreement contrary thereto is null and void.

Therefore, the defendant reflects the amount of the plaintiffs, which is calculated by deducting the amount already paid from the extended holiday allowance, night work allowance, and annual holiday allowance based on the ordinary rate of the property.