1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounted to KRW 38,064,260 and KRW 38,060.

1. On May 1, 2003, the Plaintiff’s judgment on the claim for main lawsuit was employed by the Defendant and was in charge of manufacturing ready-mixed, etc., and retired on or around April 30, 2016, and the Plaintiff’s retirement allowance at the time of retirement was 38,064,260 did not conflict between the parties.

The defendant is obligated to pay to the plaintiff 38,064,260 won of retirement allowance and damages for delay calculated at the rate of 20% per annum as provided in the Labor Standards Act from May 15, 2016 to the date of full payment, which is apparent from the 14th day after the retirement date.

The defendant alleged that the plaintiff's damage claim arising from the plaintiff's tort is offset against the plaintiff's retirement allowance claim against the defendant, and the plaintiff's claim is sought as a counterclaim without deducting the amount equivalent to the plaintiff's retirement allowance claim from the whole amount of the above automatic claim. Thus, the above offset

2. Determination on a counterclaim

A. On July 2015, the Defendant asserted that “the Plaintiff suffered damages equivalent to KRW 308,159,000 on the wind that embezzled corporate funds by abusing his/her authority to issue checks and manipulate accounting books by way of abusing his/her authority and working for the Defendant’s investment corporation in China,” and that the Plaintiff claimed damages equivalent to the above amount as a counterclaim against the Plaintiff, the Defendant’s counterclaim is dismissed, as there is no mutual relation with the principal suit.

B. (1) For a legitimate counterclaim, a claim that became the subject matter of a counterclaim must be related to the means of a claim or defense in the principal lawsuit (Article 269(1) of the Civil Procedure Act). The relevance to a claim in the principal lawsuit is not the same in cases where the purpose of forming a legal relationship identical to the claim in the principal lawsuit is to form a claim in the principal lawsuit or where the cause of the claim is identical.

Even if the main part of the target or cause is factually or legally common, and the main part is the case.