A. The Plaintiff worked for the Defendant from February 1, 2005 to April 1, 2014.

B. According to the Seoul Regional Employment and Labor Agency’s record prepared by the head of the Seoul Southern District Office on March 4, 2015, the Defendant did not pay the Plaintiff the amount of KRW 1,625,00 for the amount of wages in February 2, 2014, the amount of wages of KRW 2,625,00 for the amount of wages in March 3, 2014, the amount of annual leave allowances of KRW 5,220,036 for the amount of annual leave allowances, and retirement allowances of KRW 24,908,039 for retirement allowances.

C. On February 28, 2014, the Defendant received wage of KRW 1,625,00 from the Plaintiff, KRW 2,625,00, annual leave pay for March 2, 2014, KRW 5,220,036, retirement allowance of KRW 24,908,039, and KRW 24,908,039 from the date of retirement without an extension agreement for the due date, and received a summary order (5,00,000) of the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act (5,00,000) from the Seoul Southern District Court on May 28, 2015. However, on July 17, 2015, the Defendant filed for formal trial against the summary order as the same court under the Act on the Guarantee of Workers' Retirement Benefits, but withdrawn the above claim on October 19, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 2 through 10 evidence (if there is an additional number, including a branch number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts as to the cause of the claim, it is reasonable to view that the Defendant did not pay the Plaintiff the total of KRW 34,378,075,00,00 for February 2, 2014, for wage of KRW 2,625,00 for March 2014, for annual leave work allowances of KRW 5,220,036 for annual leave work, and for retirement allowance of KRW 24,908,039 for retirement allowance of KRW 24,378,075 for annual leave work.

B. As to the Defendant’s assertion, the Defendant asserted the interim settlement of retirement pay 1) The Defendant concluded an interim settlement agreement with the Plaintiff, and the Plaintiff paid all retirement pay from February 1, 2005 to June 30, 2012 to the Plaintiff pursuant to the said agreement. The Defendant’s agreement to pay in advance a certain amount of money as retirement allowance along with the monthly pay or daily pay paid by the employer and the employee. (hereinafter “Agreement on the division of retirement allowance”).

such agreement shall be an interim settlement of retirement pay.