임금 및 퇴직금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
1. Comprehensively taking account of the purport of subparagraph 1 of the judgment on the cause of the claim and the entire pleadings, the Plaintiff’s employment by the Defendant who operates “C” and worked from June 1, 2013 to February 22, 2016 and retired from office. It is recognized that the Plaintiff did not receive wages of KRW 3,300,000 and retirement allowances of KRW 12,024,566 from the Defendant for February 2016.
Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the aforementioned unpaid wage and retirement allowance totaling KRW 15,324,566 (= KRW 12,024,56) and damages for delay.
2. Judgment on the defendant's defense, etc.
A. A. The summary of the defenses 1) [Defenses 1] at the time when the Plaintiff and the Defendant concluded an employment contract, they agreed to pay the retirement allowance as a monthly wage. The Defendant, in fact, paid the Plaintiff a total of KRW 4,500,000, including the retirement allowance of KRW 500,000, as monthly wage in accordance with the agreement, and has already paid the retirement allowance in full. Thus, the Defendant is not obligated to pay the retirement allowance to the Plaintiff. (2) The Defendant offsets the Plaintiff by the aforementioned wage and retirement allowance claim, which is the passive claim, with the Defendant’s automatic claim against the Plaintiff. (A) [Article 1-Offset 1] [2] On July 25, 2013, the Plaintiff transferred kicks owned by the Defendant to the Plaintiff on January 25, 2016, and due to the failure in the Defendant’s possession of the Defendant, the Defendant paid the Plaintiff the amount of the retirement allowance as unjust enrichment claim against the Plaintiff.
B. In a case where an employer and an employee agree to pay in advance a certain amount of money as retirement allowance along with a monthly wage or daily wage paid by the employee, the agreement is acknowledged as an interim settlement of a retirement allowance under the main sentence of Article 8(2) of the Guarantee of Workers' Retirement Benefits Act.