1. The plaintiff's appeal is dismissed.

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

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

1. Basic facts

A. The Plaintiff is a person who operates transportation business with the trade name “D” in the Nowon-gu Seoul Special Metropolitan City, Busan Special Metropolitan City C.

B. On June 6, 2013, the Plaintiff entered into a labor contract with the Defendant to serve as the head of the Plaintiff’s workplace from June 6, 2013, and determined that “the monthly wage of the Defendant shall be determined as KRW 1,200,000 (excluding taxes). The Defendant shall receive an amount calculated by subtracting taxes (3.3%) from the monthly wage as the E Bank (F) on the 10th day of each month. The Defendant’s retirement allowance shall be applied from July 2013 and the amount equivalent to 1/12 of the monthly wage shall be deposited as the head of the Tong (E Bank G).”

C. From July 2013 to December 2013, the Plaintiff deposited the Defendant’s salary at KRW 1,200,000 per month, from January 2014 to December 2014, and from January 2015 to December 1, 2015, KRW 1,400,000 per month, from January 2015 to December 2015, and from January 2016 to July 1, 2017, after deducting taxes from the above monthly salary, the Plaintiff deposited the Defendant’s bank account (Account Number F) in separate form as indicated in the “retirement allowance payment” column in the employment contract form, and deposited the Defendant’s account at KRW 10 to 30,000 per month as indicated in the “retirement allowance payment” column in the attached sheet.

On July 17, 2017, the Defendant filed a petition with the Labor Office on the ground that he did not receive retirement allowances from the Plaintiff after withdrawal from the Plaintiff’s workplace, and filed a civil suit against the Plaintiff requesting retirement allowances (In Incheon District Court Decision 2017Da3342).

E. On January 10, 2018, the Plaintiff paid a retirement allowance of KRW 6,071,614 to the Defendant.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 9, 11 through 14, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The Plaintiff’s assertion should pay the amount equivalent to 1/12 of the monthly wage, separately from the monthly wage, as a retirement allowance.