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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s assertion (1) is primarily based on the following: (a) the Defendant paid to the Plaintiff the total transport earnings received from many customers in accordance with the wage agreement that implements the full-scale management system as a C-si engineer affiliated with the Plaintiff Company, but did not pay KRW 18,187,140, as shown in the attached Form from October 1, 2012 to August 2013; and (b) thus, it should be returned to the Plaintiff.
(2) Preliminaryly, KRW 7,274,856 equivalent to 40% of the above transportation revenue of KRW 18,187,140 is the amount to be reverted to the Plaintiff under the wage agreement, and thus, it must be returned to the Plaintiff.
B. In light of the judgment, the evidence alone submitted by the Plaintiff is insufficient to acknowledge that the Defendant should pay the total transport income to the Plaintiff, and there is no other evidence to acknowledge this otherwise. Therefore, the Plaintiff’s above assertion premised on the Plaintiff’s wage payment system is the total amount management system is without merit without further review.
(1) The plaintiff filed a complaint against the defendant for embezzlement for occupational purposes, but on November 27, 2014, there is insufficient evidence to prove that the plaintiff company had implemented the full-time management system, not the taxi commission scheme, and the judgment of innocence was rendered to the defendant under this court 2013No2911, and the above judgment became final and conclusive on March 12, 2015). 2. Accordingly, the plaintiff's primary and conjunctive claims in this case should be dismissed all of the grounds for appeal. The judgment of the court of first instance, which dismissed the plaintiff's primary claims, is just, and therefore, the plaintiff's appeal is dismissed, and the plaintiff's conjunctive claims are dismissed. It is so decided as per Disposition by the court of first instance