1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 9,974,346, and KRW 9,750,292 to the Plaintiff-Counterclaim Defendant A (Counterclaim Defendant).

1. Basic facts

A. A. Around 2000, H (the representative director, Defendant, and Defendant; hereinafter “Nonindicted Company”) entrusted the gas safety inspection and autopsy business in Eunpyeong-gu Seoul Metropolitan City by the Seoul Urban Gas Co., Ltd., and operated the gas safety inspection and autopsy business. On October 1, 2005, the above business sector was separated and established, and the Defendant continued to conduct the above business and closed the business on June 30, 2009.

B. The Plaintiffs were employed by Nonparty Company or Defendant on the “Retirement Allowance List” and were engaged in urban gas safety inspection and inspection, and retired from office due to the business closure.

C. The non-party company and the defendant paid a total of KRW 3,236,890 to the plaintiff A, total of KRW 3,135,326 to the plaintiff B, total of KRW 3,067,642 to the plaintiff C, total of KRW 3,067,656 to the plaintiff D, total of KRW 3,067,642 to the plaintiff E, total of KRW 3,067,642 to the plaintiff E, and total of KRW 1,661,520 to the plaintiff F each month.

[Reasons for Recognition] Facts without dispute, Gap evidence 3, Eul evidence 1 to 5, Eul evidence 2-1 to 41, Eul evidence 3-1 to 5, Eul evidence 8, and the purport of the whole pleadings

2. Determination as to the cause of the principal claim

A. According to the facts of recognition of the claim for annual paid leave allowance (1) as above, inasmuch as the gas safety inspection and autopsy business sector of the non-party company transferred to the defendant while maintaining identity, the labor relationship of the plaintiffs against the non-party company shall be comprehensively succeeded to the defendant, barring special circumstances (see, e.g., Supreme Court Decision 96Da38551, Jun. 27, 1997). In addition, pursuant to Article 58 of the Labor Standards Act, if it is difficult for the worker to calculate working hours because all or part of working hours were to work outside the workplace due to business trip or other reasons, contractual work hours shall be deemed to have been worked.