A. Basic facts 1) Plaintiff A served as a bus engineer from the Defendant Company from January 3, 2010 to October 31, 2012, 2012, and served as a bus engineer from another rental car company operated by the Defendant’s representative director D according to the Defendant’s direction. On January 23, 2013, Plaintiff A served as a bus engineer from another rental car company operated by the Defendant’s representative director D and retired from office on February 7, 2014. 2) The details of benefits paid by Plaintiff A while serving as the Defendant Company are as shown in the Plaintiff’s pay list in attached Form A.

[Ground for Recognition: Facts without dispute, evidence No. 1-1, evidence No. 1-2, evidence No. 1-2, each entry of evidence No. 2-1, and the purport of whole pleadings]

B. The plaintiff A asserts that since the entire amount of benefits received from the defendant constitutes wages, the defendant is obligated to pay the plaintiff A a retirement allowance of KRW 5,471,180 calculated on the basis thereof.

Accordingly, the defendant asserts that the amount of retirement benefits should be deducted from the monthly amount of retirement benefits when calculating the amount of retirement benefits, since the defendant made an agreement on the installment payment with the plaintiff Gap and paid the amount of retirement benefits in monthly installments. Since the defendant already paid more money than the amount of retirement benefits calculated as retirement benefits, there is no unpaid retirement benefits, and if the amount paid by the defendant as retirement benefits is not recognized as effective as retirement benefits, the defendant's unlawful claim for return of unjust enrichment against the plaintiff Gap equivalent to the amount paid by the defendant as retirement benefits is offset against the plaintiff Gap's claim for retirement benefits against the defendant of the plaintiff. Thus, the plaintiff's claim for retirement benefits all expires.

C. (1) Determination 1) An agreement to pay in advance a certain amount of money with the monthly pay or daily pay that the relevant legal doctrine and the employee pays along with the monthly pay or daily pay that the employee pays (hereinafter “retirement allowance installment agreement”).

(2) if any, the arrangement shall be a retirement allowance.