The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

The Plaintiff’s judgment on the cause of the claim may be recognized by comprehensively taking account of the respective descriptions of evidence Nos. 1 and 2 as well as the overall purport of arguments and arguments, as follows: (a) the Plaintiff served as an employee in charge of concluding an annual salary contract at the Defendant Company from April 20, 201 to August 13, 2018; and (b) the Plaintiff’s retirement allowance to be paid from the Defendant was 20,059,438.

Therefore, the Defendant is obligated to pay to the Plaintiff delayed damages at the rate of 20% per annum from August 28, 2018 to the date of full payment, which is set forth in the Labor Standards Act, from August 28, 2018, the day after 14 days from the Plaintiff’s retirement date.

The summary of the Defendant’s assertion on the Defendant’s assertion was that the Defendant agreed with the Plaintiff to pay in advance a certain amount of money with the monthly pay, and accordingly, paid a total of KRW 15,857,385 as retirement pay.

In addition, the Plaintiff prepared a letter to the effect that “the retirement pay was received in installments each month and does not require the next retirement allowance” (No. B. 1, hereinafter “each of the instant notes”) to the Defendant.

Therefore, the Defendant is not obligated to pay a retirement allowance to the Plaintiff (Article 1). Even if the Plaintiff’s claim is recognized as the Plaintiff’s claim, the amount equivalent to KRW 15,857,385, which the Plaintiff received from the Defendant as retirement allowance should be returned to the Defendant as unjust gains. As such, the Defendant offsets the claim for return of unjust gains against the claim claim (Article 2). In a case where the pertinent legal doctrine and the employer agreed to pay a certain amount in advance as retirement allowance together with the monthly pay or daily pay paid by the employer and the employee, if the agreement is deemed to be an interim settlement of the retirement allowance as stipulated in the main sentence of Article 8(2) of the Act on the Guarantee of Retirement Benefits of Workers, the agreement is null and void as it is against Article 8 of the same Act, which is a mandatory law.

On the other hand, an employer shall pay to the employee a retirement allowance.