1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C, on March 1, 2012, operated “E” as a lecturer of the instant driving school from October 22, 2012 to October 18, 2015, the Defendant is working as an instructor of the instant driving school.

The retirement was made.

B. On April 2015, the Plaintiff acquired the instant private teaching institute from C.

C. On October 18, 2015, the Defendant reported the Plaintiff to the Ministry of Labor on the ground that the Plaintiff did not pay the retirement allowance after withdrawing the instant private teaching institute. As the Ministry of Labor orders the payment of the retirement allowance, the Plaintiff paid KRW 14,99,99 to the Defendant as the retirement allowance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Defendant concluded an employment contract with C at the time of joining the instant private teaching institute in 2012, and agreed not to pay a retirement allowance at the time of retirement (hereinafter “instant retirement allowance division agreement”). After the Plaintiff acquired the instant private teaching institute, the Plaintiff concluded a renewal contract with C with the same content as the Plaintiff.

B) Under the instant retirement allowance division agreement, the Defendant was paid KRW 4,00,000 monthly, including retirement allowance of KRW 560,000,000, from November to October 2013, 2013. From November 2013 to October 2015, the Defendant was paid KRW 5,000,000 per month, including retirement allowance of KRW 70,000,000. C) as above, even if the Defendant had already received KRW 23,520,00 from October 22, 202 to October 18, 2015 as retirement allowance from C and the Plaintiff, the Plaintiff had the Defendant paid two-three,520,000 under the name of the retirement allowance. However, since the instant division agreement was null and void as it was obtained in advance, the Defendant suffered damages under the legal title of the claim for retirement allowance, and the Plaintiff sustained the above amount equivalent to the above amount of damages.