2. The plaintiff's assertion

A. The Plaintiff, as employed by the Deceased from June 1990 to September 13, 2013, worked as a driver, a physical clinic, etc. for 23.33 years from around September 13, 2013. The Plaintiff received 34,50,000 won per annum from the Deceased and 6,000,000 won per annum from the Defendant C at the time of termination of the employment relationship.

Therefore, the deceased, as retirement allowance, has a duty to pay 39,320,548 won, deducting 26,834,000 won already paid from 66,154,548 won (=34,50,000 ± 365 days 】 30 days x 30 days x 23.3 years) and Defendant C has a duty to pay 11,504,956 won (=6,50,000 ±365 days x 363 years x 23.3 years).

Meanwhile, the Defendants succeeded to the deceased’s above debt 1/4 by 1/4, and eventually, Defendant B, D, and E should pay to the Plaintiff the amount of KRW 9,830,137 (=39,320,548 won x 1/4), Defendant C should pay the Plaintiff the amount of KRW 21,335,093 (=9,830,137 won) and damages for delay.

B. The deceased and the above Defendants are jointly obligated to pay KRW 100,000,000 to the Defendant in addition to retirement allowances, and the Defendant B and C promised to assume the above liability. As such, the deceased and the above Defendants are jointly obligated to pay KRW 100,00,000 to the Plaintiff.

Meanwhile, Defendant D and E inherited the deceased’s above debt 1/4, and eventually, Defendant D and C shall jointly and severally pay to the Plaintiff the amount of KRW 100,000,000,000, Defendant D and Defendant E shall jointly and severally with Defendant B and C; and Defendant E shall jointly and severally pay the amount of KRW 25,000,000 and delay damages for each of the above amounts.

3. Determination

A. As to the first claim against Defendant C, even if based on the Plaintiff’s assertion, Defendant C is the deceased who employs the Plaintiff.