2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. The Defendant is a business owner who engages in the clothing manufacturing business under the trade name of “D” in Seoul Special Metropolitan City Nowon-gu.

B. The Plaintiff entered into an employment contract with the Defendant and provided the Defendant with labor from February 10, 2010 to June 19, 2012 and from July 2, 2012 to November 20, 2014.

C. The Plaintiff provided labor as above and retired, and the Defendant did not receive retirement allowances of KRW 8,830,630 for the above service period.

[Defendant was indicted for violating the Act on the Guarantee of Workers' Retirement Benefits and sentenced to a fine of 1 million won on the ground that the Plaintiff did not pay KRW 8,830,630 to the Plaintiff within 14 days from the date of retirement, and the above judgment became final and conclusive (Seoul Northern District Court Decision 2015DaMa1378)]. [Grounds for recognition] There is no dispute, entry of evidence No. 1, and the purport of the entire pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the unpaid retirement allowance of KRW 8,830,630, and damages for delay at the rate of 20% per annum as prescribed by the Labor Standards Act from November 20, 2014 to the date of full payment, which is the day following the lapse of 14 days from November 20, 2014, where the cause of the payment of retirement allowances occurred, as retirement allowances, to the Plaintiff.

As to this, the defendant argued that the above amount should be deducted from the above amount of KRW 8,830,630, as the defendant paid wages to the plaintiff as well as retirement allowances paid in advance, but the evidence submitted by the defendant alone is insufficient to acknowledge each of the above alleged facts, and there is no other evidence to acknowledge this, each of the above arguments by the defendant is without merit without further review.

(3) If the plaintiff's claim in this case is justified, the plaintiff's claim in this case should be accepted. The plaintiff's claim in this case should be accepted for the reason that the plaintiff's claim in this case is justified.