1. The Defendant shall pay to the Plaintiff KRW 38,973,514 and interest rate of KRW 20% per annum from May 15, 2015 to the date of full payment.

1. The facts of recognition [based on recognition] Gap 1, 3, and 5 (including branch numbers), and the purport of the whole pleadings is the representative of individual business chain C, and the plaintiff is a worker who entered C on December 21, 2005 and retired on April 30, 2015 (3,417). At the time of retirement, the head of the department was in charge of business and production management.

On July 201, the Plaintiff and the Defendant concluded a contract of employment around July 201, the Plaintiff’s wage is KRW 2,007,893 (based on 209 hours), KRW 720,107, KRW 200,000, KRW 100,000, totaling of KRW 3,028,00.

The Plaintiff was paid KRW 0,00 for three months before his/her retirement, KRW 3,547,00 for 3,547,00 for 31 days from March 1, 2015 to February 28, 2015, and KRW 3,547,00 for 30 days from March 1, 2015 to March 31, 2015, and KRW 3,547,00 for 30 days from April 1 to April 30, 2015.

2. Determination:

가. 퇴직금 청구에 관한 판단 (1) 평균임금 : ▷원고가 퇴직일 전 3개월 동안 급여로 합계 10,614,000원(= 3,520,000원 3,547,000원, 3,547,000원)을 지급받은 사실은 앞서 본 바와 같다.

▷원고는 월평균 5만 원의 상여금이 포함되어야 한다는 취지의 주장을 하지만, 갑 4호증의 기재만으로 상여금이 계속적, 정기적으로 지급되었다

It shall not be accepted as a payment for work provided during the calculation period for retirement pay calculation period.

▷원고의 1일 평균임금은 119,258원(=10,614,000원 ÷ 89일, 원 미만 버림, 이하 같다)이 된다.

(2) Period of continuous employment: From December 21, 2005 to April 30, 2015, the recognized amount: 33,487,646 won [=19,258 won x 30 days x (3418/365)] (4) of the Defendant’s assertion as to the Defendant’s assertion: A summary of the claim as to the Defendant’s assertion: the Defendant paid the employees under the annual salary system included the monthly retirement pay in the monthly salary from December 21, 2005 to April 30, 2015, and upon the consent of the Plaintiff, etc., the retirement pension was made on the goods of the retirement pension around December 2005.