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1. The appeal by the defendant (appointed party) is dismissed;
2. The costs of appeal shall be borne by the defendant (appointed party).
Reasons
1. In full view of the facts that there is no dispute over determination of the cause of the claim, and the purport of Gap evidence No. 1 and the entire pleadings, the following facts are acknowledged: (i) the Plaintiff worked from the “D store” jointly operated by the Defendant and the selector during the period from March 10, 2010 to September 30, 2015; and (ii) the Plaintiff’s retirement allowance under the Guarantee of Workers’ Retirement Benefits Act was 3,893,080.
According to the above facts of recognition, the defendant and the designated parties are jointly and severally liable to pay to the plaintiff 3,893,080 won and damages for delay calculated at the rate of 20% per annum from October 15, 2015 to the date of full payment after 14 days from the date of retirement of the plaintiff.
2. The Defendant asserts that, as the Plaintiff agreed to not receive retirement allowances after completing consultation with the Defendant around September 15, 2015, the Defendant and the designated parties did not have the obligation to pay retirement allowances.
The witness E of the first instance court only gives testimony in the court of first instance to the effect that “the plaintiff, on September 15 to September 30 as of September 15, 2000, sent to F, who was an employee of E or E, a f to f to her her fly her fly her to her fly her to her fly her to her to her fly her to her fly her to her to her fly her to her to her fly her to her to her fly her to her to her fly her
In addition, even if the Plaintiff expressed on September 15, 2015 the Defendant’s assertion that he would not receive retirement allowances, it is invalid because it was a violation of the Labor Standards Act, which is a mandatory law, even if it had given prior renunciation prior to the occurrence of the claim for retirement allowances.
The defendant's assertion is not different even if the time of retirement has already been determined, since it is merely an expression of intent made before the date of retirement.