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

Purport of claim and appeal

purport.

A. Fact that there is no dispute over the cause of the claim, and comprehensively taking account of the overall purport of the arguments in the statement in Gap evidence No. 2, the plaintiff is obligated to pay to the plaintiff 9,88,820 won, the sum of the retirement allowances and annual leave allowances, and delay damages for the retirement allowance, since it is acknowledged that the retirement allowance during that period is 9,214,690 won, and annual leave allowances are 674,130 won, and the plaintiff is obligated to pay to the plaintiff 9,88,820 won, the sum of the annual leave allowances and annual leave allowances, and delay damages for this.

B. The defendant's assertion 1) The defendant paid 4,476,00 won to the plaintiff as retirement reserve funds from October 2010 to September 2012, since the agreement on the payment of retirement allowances was not recognized as lawful payment of retirement allowances in violation of the Labor Standards Act, the plaintiff is obligated to return the above amount in unjust enrichment. Accordingly, the defendant's claim for return of unjust enrichment and the plaintiff's claim for retirement allowances against the defendant is set off. 2) In addition, there is an agreement between the employer and the employee that inclusion of retirement allowances in the monthly pay or daily pay and the payment of separate retirement allowances at the time of retirement, considering the amount of wages, other than the above retirement allowances, the amount of money in the name of the retirement allowances separate from the wage is specified, and the contents of the labor contract including the installment agreement, should not be disadvantageous to the worker in light of the previous labor contract or the Labor Standards Act, etc., and the employer is obligated to return the amount in the name of unjust enrichment to the employer as an automatic claim for return of retirement allowances.