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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 1, Gap evidence Nos. 2-1, 2-1, 3-2, and Eul evidence Nos. 1 through 3, the defendant is a corporation operating chartered bus transportation business, etc., the plaintiff shall report an interview with the defendant's officers on Jan. 1, 2014 to be employed as the defendant's driver, and on the same day, a contract of employment was prepared between the defendant and the defendant. The date of preparation of the contract of employment was written as of Jan. 2, 2014, which is the day following the actual date of preparation. The plaintiff immediately was delivered one bus with a garage at the time of arrival of the defendant on Jan. 1, 2014, and parked the above bus by driving it until the parking lot of the so permitted citizen sports center, and thereafter, the plaintiff shall not be deemed to have any interference with the provision of labor to the defendant on Dec. 31, 2014.
According to the above facts of recognition, the plaintiff provides the defendant with labor for one year in subordinate relationship for the purpose of wages.
As the plaintiff retired from office (as long as the plaintiff provided labor to the defendant from January 1, 2014 to December 31, 2014, the date on which the written labor contract was prepared is indicated as January 2, 2014, and it does not vary thereafter), the defendant is obligated to pay retirement allowances to the plaintiff, and according to the evidence No. 1, the total amount of wages the plaintiff received from October 1, 2014 to December 31, 2014 is recognized as 5,250,00, and the average wage per day calculated based on the above is 57,065.21 won ( = 5,250,000 won ± 92 days ± 920, 300), and the average wage is calculated as 1,500 won x 1,500 days x 1,500 won x 36,500 won x 1,575 days x 165 days x 15 days x 25 days x x 16 days x 15 days x x 15 days x x 15 days .