1. The plaintiff (Counterclaim defendant) among the judgment of the first instance, including the claim extended and reduced in this court.

The main lawsuit and the preliminary counterclaim shall be judged together.

1. Basic facts

A. The defendant is a company running the taxi transport business, and the plaintiffs are employed by the defendant or retired taxi drivers.

B. The Plaintiffs paid a certain amount of money (hereinafter “ taxi commission”) stipulated in the collective agreement, etc. with the Defendant, among the total profits generated from the operation of a taxi, to the Defendant, and received the remainder of the transport income (hereinafter “excess transport income”) from the Defendant’s own income, and received wages in the form of the so-called fixed taxi commission scheme, which is the method of receiving a fixed wage from the Defendant.

(c)

On February 4, 2006, the Defendant entered into an agreement with the branch of the branch of the branch of the Gyeonggi-do Trade Union Branch (hereinafter “instant union”) in 2006 and agreed to set the prescribed working hours at 7 hours and 20 minutes per day.

(d)

The Minimum Wage Act was amended by Act No. 8818, Dec. 27, 2007; and the same was newly established pursuant to Article 6(5) (hereinafter “Special Provision”) excluded the “wages based on output” from the scope of the minimum wage included in the minimum wage of workers engaged in general taxi drivers (hereinafter “regular wage”); and the Special Provision amended by Act No. 8964, Mar. 21, 2008, was established in the Suwon City where the Defendant was located.

E. At the time of July 23, 2010, the Defendant entered into a wage agreement with the instant Trade Union in 2010, consisting of a majority of the employees belonging to the Defendant.

The main contents are as follows:

Article 3 (Labor Form) of the Wage Agreement, 2010, in principle, shall be the two teaching systems per day.

Article 4 (Work Hours) Labor hours shall be based on six hours a day, forty minutes a week, and forty hours a week, excluding recess hours, and the prescribed monthly hours shall be the hours referred to in Article IX, paragraph 1 of this Agreement, and may be extended within the limit of two hours a day by an agreement between the union and the company.