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

G, the business owner of F (hereinafter “instant restaurant”), died on December 13, 2016, and the Defendants inherited and operated the instant restaurant from G’s spouse and children, and the Plaintiff is a relative of G.

From August 5, 1987, the plaintiff asserted that the plaintiff had worked as of January 1, 197, but there is no objective evidence to acknowledge this, and rather, according to the statements in subparagraphs 3 and 4, it is recognized that the plaintiff had worked as of August 5, 1987.

On October 31, 2016, the instant restaurant served, and was treated as retirement.

On December 28, 2016, the Defendants deposited KRW 89,770,839 as retirement pay with the Plaintiff as the depositee. On January 25, 2017, the Defendants reserved an objection to the purport that the said money is “part of retirement allowance” and paid the said deposit.

[Ground of recognition] without any dispute, Gap 6, 7, and Eul 3's each statement, the whole purport of pleading, and the allowance for the plaintiff's assertion that the parties concerned were not paid, etc., are workers under the Labor Standards Act, since the plaintiff provided labor under the direction and supervision of G in the restaurant of this case, and received wages in return for providing labor.

However, during the period of service, the Plaintiff was not paid any extension, night, holiday work allowance, and annual leave allowance at all, and on March 7, 2017, the Plaintiff sent the Defendants a certificate of content of claiming the said allowance, etc., and the said certificate of content reached March 8, 2017.

Therefore, the Defendants are obligated to pay to the Plaintiff totaling KRW 86,324,82 with an unpaid extension, night, holiday allowance, and annual holiday allowance from March 8, 2017 to October 31, 2014, which is the Plaintiff’s retirement date, as well as delayed payment from March 8, 2017, to March 31, 2014.

The Plaintiff filed a claim for unpaid retirement pay from the restaurant of this case to October 31, 2016, the total amount of 39 months served from January 1, 1977 to October 31, 2016, and the retirement pay amounting to KRW 229,694,432 = average daily wage of KRW 192.