2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. On December 12, 2015, the Plaintiff was diagnosed and treated as a shouldered and tension with a shouldered shoulder with a shoulder certificate that occurred while serving in B, and thereafter, was diagnosed as the instant injury and disease.

The Plaintiff was in a stock company B and retired from office until July 31, 2016.

B. On April 16, 2018, the Plaintiff filed a claim for temporary disability compensation benefits (the first claim) with the Defendant for the portion of 730 days from August 1, 2016 to July 31, 2018, and the Defendant calculated the average wage as of December 12, 2015, which is the date of the accident, as of the date of occurrence of the cause for calculating the ordinary wage, and paid the amount of KRW 29 days from August 2, 2016 to August 30, 2016, which is the period for which the medical care was approved at the time, for the amount of KRW 1,572,00 on April 23, 2018.

C. On May 2, 2018, the Plaintiff filed a second claim for temporary layoff benefits for the portion of 730 days from August 1, 2016 to July 31, 2018 (the second claim). The Defendant paid KRW 26,716,1208 to the Plaintiff, respectively, for the remaining 522 days (the 518 days from August 1, 2016 to December 31, 2017) that the Plaintiff was unable to find a job due to medical care (the 518 days from January 16, 2018; the 30, Jan. 30, 2018; the 2018.2.1, Feb. 1, 2018; and April 17, 2018) of temporary layoff benefits for the portion of 493 days, excluding the temporary layoff benefits paid to the Plaintiff upon the Plaintiff’s first claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 9, 10, 25, Eul evidence Nos. 1 through 3 (including branch numbers), the purport of the whole pleadings

2. Plaintiff’s assertion and judgment thereon

A. The date of occurrence of the Plaintiff’s ground for calculating the average wage of the Plaintiff’s assertion 1 ought not to be December 12, 2015, the date of the accident, but to be August 1, 2016, when the Plaintiff ceased to work due to the instant injury and disease. As such, temporary layoff benefits are based on the average wage of KRW 85,834, calculated as of August 1, 2016.