1. Of the judgment of the first instance on the principal lawsuit, the Defendant (Counterclaim Plaintiff) that exceeds the following amount ordered to pay.

1. Basic facts

A. The Defendant is a company running taxi transport business, etc., and the Plaintiff was employed by the Defendant from August 10, 2010 to September 23, 2016 and served as a taxi engineer.

Article 1 (Basic Policy) (1) The wage system is the fixed wage payment system and the performance-based bonus system.

The daily standard transport income amount shall be 128,00 won in a A.M., 154,000 won in a.M., and the daily standard transport income shall be calculated by multiplying the daily transport income by the number of contractual working days in that month.

(a) means the wages that are paid on the monthly basis for calculating the fixed monthly wage.

(B) The amount in excess of the standard transport income amount for calculating the performance-based fixed wage means the amount allocated at six-four percent (60%) by labor and management to the amount in excess of the standard transport income amount.

(2) In principle, transport earnings shall be fully paid and managed within contractual work hours.

Provided, That the standard amount of monthly and daily transport income for the calculation of the fixed amount of benefits shall be determined, and both workers and workers shall thoroughly implement the receipt of the responsibility of the standard amount.

(3) A company may not force any worker to work overtime than the prescribed working hours, and has no duty to provide his/her labor.

Therefore, if a worker is responsible for paying the standard transport income for the purpose of recognizing the fixed amount of wages within the prescribed working hours, it shall be deemed that the obligation to provide labor without any difficulty is complete, and even if there is any harsh income while a worker operates a vehicle arbitrarily, the company cannot compel the worker to pay it. This is an arbitrary personal income of the worker, which is not only impossible to manage and control the company, but also that the company shall not force the employer to do so.

Article 3 (Types of Work) (1) The types of work shall be, in principle, two classes per day, and the number of days of work on board per month.