1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim filed by this court.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Defendant is an individual entrepreneur who engages in fishery products distribution business in the name of “D” at the site of the place of business located in Ansan-si, Ansan-si, and the Plaintiff is employed by the Defendant and worked in the said place of business from December 18, 2014 to April 30, 2016.

B. During the above service period, the Plaintiff was paid KRW 1,400,000 monthly by the Defendant.

C. On September 7, 2016, the Defendant received a summary order of KRW 500,000 from the Suwon District Court, which issued a fine for violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act, on the criminal facts, etc. that “the Plaintiff did not pay KRW 1,917,807 to the Plaintiff within 14 days from the date of retirement,” and the said summary order became final and conclusive on October 12, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 5, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant should pay 1,917,807 won and damages for delay payable to the plaintiff.

B. Defendant’s assertion 1) The Defendant agreed to include the monthly retirement allowance in advance with the Plaintiff, and accordingly, the Defendant’s obligation to pay the retirement allowance to the Plaintiff does not exist as well as the monthly retirement allowance in addition to the monthly retirement allowance. 2) If the Defendant’s total amount of KRW 1,600,000 paid to the Plaintiff in the name of the Plaintiff each month has no validity as retirement allowance, the Plaintiff’s unjust enrichment amounting to the above KRW 1,60,000, and thus, shall be returned to the Defendant.

3. The defendant paid on behalf of the plaintiff a total of KRW 1,014,980, such as the national pension amount, employment insurance premium, and long-term care insurance premium, which the plaintiff should pay on behalf of the plaintiff, and thus, the plaintiff unjust enrichment amounting to the above KRW 1,014,980. Thus, the above amount also