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 Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties are drivers who work or worked in R Co., Ltd. (hereinafter “R”).

B. R was the only trade union until June 30, 201, which was organized by the Defendant, and thus, the Plaintiff and the designated parties joined the Defendant pursuant to the union shop agreement between R and the Defendant.

C. R and S driver workers who used a garage together with each other operated the special fund system for mutual harmony and friendship, and the special fund system for the payment of the subscription money from the subscription money to each company around September 2004. On or around January 2000, the R drivers decided to separate the subscription money system for each company. The R drivers decided to operate the separate fund system for R0,000 (hereinafter “instant retirement fund system”).

The main contents of the Rules of the Retirement Reserve System (hereinafter “instant Rules”) enacted on September 1, 2004 are as follows.

1. The retirement reserve funds shall be currently in office as a member of the R and shall aim at creating a field for harmony and friendship among the co-ordinations;

2. In principle, the retirement reserve shall be paid when a member of the R currently in service retires, after deducting the principal from his/her own pay;

3. The retirement reserve shall continue permanently as long as R exists from the date of its implementation.

4. In principle, new private persons shall join but shall not have compulsory clauses (Provided, That members who join the association shall not withdraw even if they leave the association); 5. Persons eligible for the payment of the retirement reserve fund shall be paid only to persons who have been for at least one year;

(Provided, That no person who has retired from office for less than one year shall be paid). 6. Retirement reserve funds shall be deducted 20,000 won from the monthly salary as a member of the R.

11. The retirement reserve fund shall be paid first when the current member dies or loses labor force before the reserve fund for retirement is accumulated.

E. The Plaintiff and the designated parties entered the instant retirement reserve system after becoming a member, and thereafter, the Plaintiff.