1. Of the judgment of the first instance court, KRW 33,760,171 against the Plaintiff and its related thereto from March 7, 201 to September 23, 2015 against the Defendant.

1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Plaintiff’s assertion was not paid allowances for overtime work, night work, and holiday work by the Defendant from July 2, 2010 to February 2, 2011 (hereinafter collectively referred to as “each of the instant allowances”). As such, the Defendant is obligated to pay the Plaintiff the amount of KRW 74,575,758, and damages for delay corresponding thereto.

B. As to the Defendant’s assertion, the Defendant asserted that it is not acceptable to accept the Plaintiff’s assertion for the following reasons.

1) Since there exists a comprehensive wage agreement that pays the amount including various allowances, etc. under the Labor Standards Act between the Plaintiff and the Plaintiff as a monthly wage, the Plaintiff’s assertion is without merit. 2) The Plaintiff’s assertion cannot be deemed to constitute the provision of labor under the Defendant’s supervision

3) The bonus allowance and bonus allowance claimed by the Plaintiff are not the fixed and uniform payment, and thus are not included in ordinary wages. 4) The Defendant paid 290,000 won per month to the Plaintiff, and the above amount should be deducted from the Defendant’s payment.

3. Determination

A. In a case where an employer concludes a labor contract, it is in principle that the employer determines the basic wage to the employee and pays the total sum of all kinds of allowances based on the determination of the basic wage (see, e.g., Supreme Court Decision 96Da24699, Mar. 24, 1998). However, even if an employer concluded a wage payment contract or collective agreement based on the so-called comprehensive wage system with the content that the total sum of all kinds of allowances is determined as monthly wage or daily wage without calculating the basic wage in advance, or that a certain amount is determined as allowances, and that a wage payment contract or collective agreement was concluded, such as