1. According to a claim that has been reduced in the trial, the part against the plaintiff among the judgment of the court of first instance shall be modified as follows.

1. Basic facts

A. The Defendant is a person who actually operates a Do private teaching institute (hereinafter “instant private teaching institute”) that allows high school students to receive supplementary learning in G at the same time.

B. From April 11, 2007 to October 10, 2012, the Plaintiff was employed in the instant driving school and worked as an instructor.

C. The Plaintiff was in charge of the initial middle school education from around 2008, and was in charge of the high school education. With respect to the middle school education, 50% of the tuition paid by students was paid to the Plaintiff for the amount of KRW 3 million per month (2 million at the time of employment, but later increased) (hereinafter “monthly salary”), and for the class of the high school, 50% of the tuition paid by students was paid to the Plaintiff.

(hereinafter referred to as “high-level allowances”). (c)

Since around 2008, the Defendant paid to the Plaintiff the amount of KRW 3 million per month as high-ranking allowances on behalf of the Plaintiff. The Plaintiff paid KRW 3,50,000 on July 30, 2012, KRW 2,950,000 on August 31, 2012, and KRW 2,950,000 on September 26, 2012, but did not pay high-ranking allowances paid by the Plaintiff on October 2012.

[Ground of recognition] Unsatisfy, Gap evidence 1, 5, Eul evidence 4 (including a tentative number), the purport of the whole pleadings

2. Determination on a retirement allowance claim

A. 1) The plaintiff asserts that the total amount of monthly pay and high school pay should be the average wage, which is the basis for the calculation of the retirement pay, since the plaintiff received a fixed amount of KRW 3 million per month for the middle school class, and received a separate allowance for the high school class, the total amount of monthly pay and high school class pay should be the average wage, which is the basis for the calculation of the retirement pay. Accordingly, the defendant asserts that the amount of the high school class pay the plaintiff received is only business income, and it cannot be included in the average wage. 2) The total amount of wage, which is the basis for the calculation of the average wage, is all money and valuables paid by the employer to the worker as an object of work.