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(영문) 광주지방법원 2021.01.15 2019가단7216
부당이득금
Text

1. Defendant (Counterclaim Plaintiff): (a) 6,537,901 won to the Plaintiff (Counterclaim Defendant) and its related thereto from March 1, 2019 to January 15, 2021.

Reasons

1. The facts of recognition: To be deemed both a principal lawsuit and a counterclaim;

The Plaintiff is a company that operates the taxi passenger transport business, etc., and the Defendant is an employee who was engaged in the Plaintiff’s taxi driving business until he/she retires by submitting a resignation document to the Plaintiff on March 2, 2020 after concluding a labor contract with the Plaintiff around March 28, 2017.

On March 28, 2017, the Plaintiff and the Defendant entered into a contract for light labor (hereinafter “instant labor contract”) and among them, relevant parts, such as revenues from transportation, are as follows.

Article 5 (Transport Revenues and Fuel Expenses) (1) "B (the defendant referred to as the defendant)" shall deposit the full amount of the transportation revenue from the taxi operation service on the day.

(2) With respect to the daily basis for the calculation of the wages of “B”, the daily basis for the two persons shall be KRW 119,000 in 1-day Won, KRW 2,975,00 in 2,975,00 in 1-day Won, and KRW 15,00 in 15,00 in 15,00 in 1-day Won, the monthly basis for the first person shall be determined as KRW 3,875,00 in 1-day Won.

3. The fuels necessary for the operation of “B” shall be filled with the 1st 35 liter per month, 875 liter per month, 1st 45 liter per month, 1,125 liter per month, and the fuel table shall be submitted to “A”.

Article 6 (Working Hours and Number of Workers) (1) In principle, the prescribed number of working days in the month of "B" shall be 25 days.

(2) Daily working hours which forms the basis for wage calculation shall be six hours a day and 176 hours a month.

(3) In principle, the forms of work referred to in "B" shall be two o'clocks and two o'clocks per day and two o'clocks per day (from 07:0 to 14:20 o'clocks, and from 15:0 to 22:20 o'clocks): Provided, That one person may work for the first o'clocks by agreement of the parties.

Article 7 (Payment of Wages) (1) The payment of wages to “A” under this Article shall correspond to the method of the Si wage calculation in 2016.

It shall be limited to a person who deposits a transport revenue, such as Article 5 (1) and (2), on a daily basis.

(2) "B" shall be deposited in excess of this standard transport income.

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