1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Defendant is a company with the objective of bus passenger transport business, and the Plaintiff was employed on November 25, 2006 as a retirement allowance interim settlement (hereinafter “instant interim settlement”) on December 31, 2009, and was employed as the Defendant’s driver until he retires on February 22, 2013 (hereinafter “instant retirement”).

B. 1) A collective agreement concluded with a trade union on January 7, 2008 (hereinafter “instant collective agreement”) that the Defendant entered into with a trade union and entered into force on February 1, 2007 (hereinafter “instant collective agreement”).

In relation to the payment of wages and retirement allowances for workers, Article 44 (Retirement Allowance) provides that the amount of ordinary wages for 30 days shall be paid to retired employees as retirement allowances for one year. The amount of ordinary wages shall be the daily amount. The company shall add 25 days to retirement allowances for those who have served for five years. The company shall pay 25 days to those who have served for five years, and the amount shall be added to five days every year for those who have served for five years or more. 2) The Defendant entered into a trade union with the trade union on July 6, 201 and entered into a collective agreement effective as of July 1, 201 (hereinafter “instant revised collective agreement”) as follows with respect to the payment of wages and retirement allowances for workers:

Article 44 (Retirement Allowances) A company shall pay to retired employees the amount of average wages for 30 days under Article 8 of the Act on Guarantee of Retirement Benefits of Workers as retirement allowances for one year.

Article 81 (Non-Duty under Condition) No working conditions obtained by reason of the conclusion of this Convention shall be lowered.

C. According to the wage agreement that was enforced at the time of the interim settlement of accounts in the instant year from 2001, the Defendant entered into a wage agreement with the first trade union each year to determine the daily amount for the pertinent year. (A) According to the wage agreement that was enforced at the time of the interim settlement of accounts, the daily amount for driving workers in 2009 shall be KRW 79,161, and the daily amount for bonuses shall be paid in 4 times a year by dividing the daily amount for 62 days into 13,446, = 79,161.