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1. The Defendant’s KRW 896,615,070 for the Plaintiff and the following: 5% per annum from February 10, 2015 to October 15, 2015.
Reasons
1. Basic facts
A. From around December 31, 2012 to December 31, 2012, the Plaintiff, a corporation established for the purpose of collecting and transporting garbage, concluded a contract with the Defendant to collect and transport food waste in leisure time and clean up the market area (hereinafter “instant contract”). Based on the said contract, the Plaintiff employed workers of street cleaners, etc. on the basis of the said contract to vicariously perform the collection and transportation of food waste in leisure time and the cleaning of the market area.
The main contents of the instant agency contract concluded around December 201 between the Plaintiff and the Defendant are as shown in the attached Form.
B. In December of each year, the Defendant notified the Plaintiff of the standards for compilation of the budget for the cost of cleaning agency and cleaning agency based on the determination of the Defendant’s principal budget for the following year and had the Plaintiff execute the budget for material cost, labor cost, expenses, general management cost, profits, etc. under the agency contract.
According to the above budget compilation standards, labor costs shall be determined according to the Local Public Officials Remuneration Regulations, and the items are divided into basic pay, bonus, fixed-amount allowance (family allowances, special duties allowances, work encouragement allowances), welfare expenses (school meal expenses, household subsidy, traffic subsidy, holiday leave expenses, etc.), overtime work allowances, and other children education allowances.
C. As to the street cleaners employed by the Plaintiff and the Plaintiff, 67 workers, including cleaning car drivers, who were engaged in the instant agency business, and the Plaintiff, and the employees belonging to the Han River Health Corporation, which entered into a contract with the Defendant on the same terms as the instant agency business, and the Green River Environment Corporation (hereinafter the above 3 companies, referred to as the “agency”), shall include the horses, good attendance allowances, physical training allowances, and holiday leave expenses in ordinary wages, and shall calculate the statutory allowances, such as overtime allowance, night work allowance, holiday work allowance, holiday work allowance, and annual allowance, based on such inclusion, against the said agency companies.