A. Plaintiff A worked in Defendant C from March 23, 191 to February 28, 2014, and Plaintiff B from July 1, 1992 to March 10, 2014.

B. Defendant C had been operated by G, the father of Defendant D, but around 2005, Defendant D had been actually operating Defendant C (H, the representative director of Defendant C, on March 30, 201, was the spouse of Defendant D).

Plaintiff

The average daily wage of A for the three months immediately preceding his retirement is KRW 48,933, and the average daily wage of Plaintiff B for the three months immediately preceding his retirement is KRW 46,955.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 6, witness I's testimony and the purport of whole pleadings

2. The parties' assertion

A. The plaintiffs agreed to receive retirement allowances for the period of service after the lapse of one year of continuous service at the time of joining defendant C. Thus, the defendants are jointly and severally liable for the payment of each retirement allowance stated in the above claim to the plaintiffs.

B. Since Defendant C did not agree to pay retirement allowances to the entire service period of the Plaintiffs, Defendant C is only obligated to pay legal retirement allowances under the Act on the Guarantee of Workers' Retirement Benefits, and Defendant D does not have any promise to directly pay the aforementioned retirement allowances to the Plaintiffs.

3. Determination

A. The evidence submitted by the Plaintiffs as to the claim against Defendant D alone is that not only Defendant C, the employer who entered into an employment contract with the Plaintiffs, but also Defendant D promised to pay retirement allowances directly to the Plaintiffs.

In addition, it is not sufficient to recognize that Defendant D also is an employer who has the obligation to pay retirement allowances to the Plaintiffs, and there is no other evidence to acknowledge it.

After submitting a petition of appeal against the Defendants, the Plaintiffs submitted the grounds for appeal against the Defendants to the court below. However, the above grounds for appeal did not contain any grounds for appeal against Defendant D, and Defendant D is not subject to the date of closing argument in the appellate court.