Since the working days during the above period are 363.5 days, the amount that the Plaintiff paid to the Defendant as retirement allowances is 3,635,000 won.

[Grounds] If an agreement was made to pay in advance a certain amount of money with the monthly salary or daily allowance paid by an employer and an employee as a whole during pleadings (hereinafter “retirement allowance installment agreement”), the agreement is null and void in violation of Article 8 of the Act on the Guarantee of Workers’ Retirement Benefits, unless it is acknowledged as an interim settlement of accounts for retirement allowances under the main sentence of Article 8(2) of the Act on the Guarantee of Workers’ Retirement Benefits.

Meanwhile, it is reasonable from the perspective of fairness to view that an employer should return to the employer the money in the name of the retirement allowance received by the employee as unjust enrichment, if the validity of the payment of the paid retirement allowance is not recognized even though the employer actually paid the money to the employee.

However, considering the legislative intent of the retirement allowance system as mandatory law, the above legal principle can only be applied on the premise that there is an actual retirement allowance installment agreement between an employer and an employee.

(Supreme Court Decision 2012Da77006 Decided December 13, 2012). Therefore, the Defendant shall return the money that the Defendant received as retirement allowance to the Plaintiff as unjust enrichment.

2. On November 20, 2012, Plaintiff 1 paid 1.5 million won as retirement consolation money to the Defendant on November 20, 2012, claiming that the said money should also be returned. However, whether the payment was made or not.