1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. Defendant B was employed by the Plaintiff around August 15, 2008 as the head of the team affiliated with the tele-market team; Defendant C was employed on September 1, 2009 and worked as a team member affiliated with the tele-market team; and Defendant C did not work from July 1, 2012, respectively.

B. On July 23, 2013, the Defendants filed a petition with the Busan Regional Employment and Labor Agency for the Plaintiff’s unpaid retirement allowances, etc.

Plaintiff

On October 4, 2013, the company paid KRW 6,453,997 to Defendant B, and KRW 5,054,342 to Defendant C, respectively, in response to the correction order issued by the Administrator of the Busan Regional Employment and Labor Office.

【Ground of recognition】 The fact that there has been no dispute, Gap 3, 4, and the purport of the whole pleading

2. The plaintiff's assertion

A. On January 1, 2009 and October 15, 2009, the Plaintiff prepared an annual salary contract with Defendant B, respectively, with Defendant C (hereinafter “labor contract”). Accordingly, even if retirement pay was paid by June 2012 as an annual salary, the Plaintiff’s filing of a claim for return of unjust enrichment equivalent to retirement pay was 1.B due to the Defendants’ filing of a petition.

Inasmuch as retirement allowances are paid in duplicate as stated in the same paragraph, the Defendants are obligated to return the retirement allowances paid in duplicate to the Plaintiff as unjust enrichment.

B. Due to the Defendants’ unauthorized retirement from office, the Plaintiff suffered damages of KRW 24,486,484, including the reduced amount of other commission due to the decline in the membership maintenance rating on July 2012, 2012, KRW 11,063,651, KRW 852,833, KRW 3573, KRW 3570,000, and KRW 9,000,000,000 due to the decline in the membership maintenance rating.

The Defendants are obligated to pay to the Plaintiff one half of the amount of each damages.

3. Determination

A. If an agreement was made to pay in advance a certain amount of money with a monthly salary or daily allowance paid by an employer and an employee with respect to unjust enrichment of a retirement allowance (hereinafter “an agreement on the division of retirement allowances”), the agreement is an interim settlement of payment of retirement allowances.