1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Defendant is a limited partnership company running the taxi passenger transport business, and the Plaintiff was employed by the Defendant from March 5, 2012 to serve as a taxi driver and retired on May 15, 2018, and the Defendant did not pay KRW 3,424,421 out of the retirement benefits accrued from the Plaintiff’s retirement to the Plaintiff.

B. On June 21, 2018, the Defendant issued a ruling of provisional seizure of claims against the Plaintiff by the Jeonju District Court 2018Kadan10863 on the ground that “a claim against the Plaintiff for unjust enrichment equivalent to KRW 3,588,463 arising from a tort committed from October 2016 to September 2017 of the Plaintiff’s retirement pay” as the preserved right, “an amount until the Plaintiff’s retirement pay reaches the above claim amount by half the balance excluding taxes and public charges among retirement pay.”

【Ground for recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 and 7, the purport of the whole pleading

2. Summary of the parties' arguments

A. The Plaintiff provided labor under the employment of the Defendant from March 5, 2012 and did not receive retirement allowance of KRW 3,424,4210 even after retirement on May 15, 2018. The Defendant is obligated to pay the said retirement allowance and damages for delay thereof to the Plaintiff.

B. In accordance with Article 22 of the Wage Agreement of 2017, the Plaintiff was obligated to pay the amount of LPG gas for additional use in addition to contractual work hours, but only the remainder after deducting the gas amount equivalent to the total amount of KRW 3,58,463 from the transportation income that is to be paid from October 2016 to September 2017. The Defendant provisionally attached the Plaintiff’s retirement allowance claim against the Plaintiff as the preserved claim, with the damage claim amounting to KRW 3,58,463 as the preserved claim, and thus, the Plaintiff’s retirement allowance claim can be offset against the Plaintiff’s retirement allowance claim by using the aforementioned damage claim as the automatic claim. Therefore, the Plaintiff’s retirement allowance claim by

3. Determination

A. As an employee employed by the Plaintiff to determine the cause of the claim, a retirement allowance of KRW 3,424,421 shall be paid upon retirement on May 15, 2018 when serving in the Defendant Company.