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(영문) 대구지방법원 2016.06.29 2015나6133
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the above order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company that performs taxi transport business.

B. Defendant A served as a taxi engineer from September 2, 2009 to March 31, 2013; Defendant B from August 17, 2009 to July 4, 2012; Defendant C from December 21, 2009 to October 2, 2012.

C. According to the collective agreement in 2009 concluded between the Plaintiff and the Plaintiff’s employees, the form of work for the Plaintiff’s employees, including the Defendants, shall be two per day (Article 16 of the Organization Convention), seven to twenty minutes per day (7). However, a driver may freely operate within 12 hours a day, and the working hours and form may be adjusted by a labor-management agreement.

(Article 17 of the Collective Convention).

Meanwhile, according to the wage agreement of 2007, which was separately concluded pursuant to Article 27 of the collective agreement, the taxi commission shall be 54,000 won in the case of NF rocketing, but it shall be determined that mutual agreement may be adjusted in the event of economic changes.

(hereinafter referred to as the “instant collective agreement” in both the collective agreement in 2009 and the wage agreement in 2007). [The grounds for recognition] The fact that there is no dispute between the parties, the entry in the evidence Nos. 2 and 3, and the purport of the whole pleadings.

2. Determination on damages or unjust enrichment equivalent to the difference in taxi commissions

A. According to the wage agreement that the Plaintiff entered into with the Plaintiff Trade Union, unlike the contents of the said collective agreement and the wage agreement, the criteria for taxi commission are as follows: (a) the first class (one taxi is operating with only one taxi; (b) the first class (one taxi is operating with only one taxi; and (c) the first class (one class).

(i)in the case of 75,000 won per day, 75,000 won per day and 1 second class per day (one taxi in shift; hereinafter referred to as “interparty lending system”).

) In the case of 54,000 won per day (hereinafter “instant wage agreement”).

2) However, even though the Defendants were to operate a taxi on the studio system during the period of service, the Defendants were to operate the taxi on the studio.

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