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(영문) 서울북부지방법원 2015.12.11 2013가단111214
퇴직금 등 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 8,149,204 and the interest rate of KRW 20% per annum from December 15, 2010 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant is a company that operates the Ptopy Driving Schools and the Ptopy Academy (hereinafter “LA”) at 360-13 satellite Fari-dong, Seoul Special Metropolitan City, Nowon-gu.

The plaintiff was driving a school bus of a fish driving school, and the bus operated by the plaintiff was owned by the plaintiff, but the name of the ownership registration was in the future of the defendant.

B. The operator of a fish driving school received the basic salary according to the vehicle size from the Defendant. The approximately 1.5 passenger drivers are approximately 1.5 million won, 1.8 million won in the case of 25 passenger drivers, 2 million won in the case of 35 passenger drivers, and 2.1 million won in the case of 45 passenger drivers.

The Plaintiff driven 25 passengers buses.

C. The Plaintiff was paid from the Defendant the remainder of money obtained by deducting the income tax, resident tax, national pension premium, national health insurance premium, employment insurance premium, etc. from the aggregate of basic salary, oil card, automobile insurance premium, and continuous service allowance for vehicle operation, etc., and the retirement allowances, the vehicle oil card expenses, automobile insurance premium, and administrative fines incurred from vehicle operation

The defendant paid all the withheld wage and salary income tax, resident tax, national pension premium, national health insurance premium, employment insurance premium, and industrial accident compensation insurance fee for the plaintiff to the competent agency.

The Defendant drafted a “special agreement on vehicle operation” with the driver of a fish driving school including the Plaintiff, and the said special agreement provides that the day of the driver’s leave on Sundays and legal holidays (if operating on a holiday, an allowance shall be separately paid), the area and frequency of the operation shall comply with the Defendant’s operation policy, and if the driver’s absence without permission during operation causes an obstacle to the transport of the Defendant’s student, it shall be subject to disciplinary action in accordance with the Defendant’s vehicle management regulations, and the driver’s contractual rights shall not be assigned to others, and the color and pattern designated by the Defendant.

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