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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. According to the records of this case as to the legitimacy of the appeal for late payment, the court of first instance rendered a favorable judgment on August 28, 2014 after serving the defendant a written notice of the complaint of this case and the date of pleading by public notice on the defendant at his domicile in Yeongdeungpo-gu Seoul, where the defendant had his domicile on the defendant's domestic domicile certificate, and the service of the plaintiff on the defendant was impossible. The above certified copy of the judgment also became effective on September 2, 2014. The defendant becomes aware that the judgment of first instance was rendered on November 19, 2014. According to the above facts, according to the above facts, the defendant could not observe the appeal period due to any cause not attributable to himself, and thus, the defendant cannot observe the appeal period from November 19, 2014 to November 20, 2014, which became aware of the progress and result of the lawsuit of the first instance. The appeal of this case is lawful.
2. Judgment on the merits
A. Basic facts (1) The Plaintiff is a person engaged in food service with the trade name “C,” and the Defendant is a worker who provided labor to the Plaintiff from October 1, 2010 to June 4, 2013.
(2) On June 26, 2013 after retirement, the Defendant filed a petition with the Seoul Regional Employment and Labor Agency on the ground that the Plaintiff did not have paid retirement benefits to the Defendant. On February 18, 2014, the Defendant filed a lawsuit against the Plaintiff, etc. under this court’s 2014 Ghana115362, and received a favorable judgment on November 25, 2014. The Plaintiff, etc. appealed from the above judgment and continues the appellate trial.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 3 and 4, the purport of the whole pleadings
B. (1) On October 1, 2010, the Plaintiff’s assertion on the cause of the claim (1) concluded a labor contract with the Defendant and determined monthly salary as KRW 930,000, and paid the Defendant an additional amount of KRW 750,000 per month with overtime allowance and retirement allowance according to the agreement to pay the retirement allowance in installments.