1. The counterclaim of this case shall be dismissed.

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 3,390,000 and this.

1. Determination as to the main claim

A. (1) The Plaintiff is employed as a worker in the “C” operated by the Defendant from November 8, 201, and takes charge of the mark design, editing, etc.

(2) On April 19, 2012, the Plaintiff was indicted for a violation of the Labor Standards Act and was first tried at the time of his/her service in C, and was ordered to receive KRW 1.8 million from January 2012. (3) The Plaintiff’s payment of wages in total amount of KRW 3.3 billion, including KRW 4.5 million in February 2012, KRW 1.8 million in March, and KRW 1.14 million in April, 2012. (4) The Defendant’s payment of wages in total was not made within 1.4 days from the date of his/her retirement without an agreement on extension of payment of KRW 1.8 million in wages and D, and the Defendant’s assertion that the Plaintiff’s payment of wages in total was not made within 1.5 days from the date of his/her retirement, and was not made guilty (Seoul Central District Court Decision 2013Da762014, Seoul Central District Court Decision 2014No18153, May 15, 2013).

B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the overdue wages of KRW 3,390,000, and damages for delay at the rate of KRW 20% per annum under Article 37(1) of the Labor Standards Act from May 4, 2012 to the date of full payment, which is the day following the expiration of 14 days from the Plaintiff’s retirement date, and Article 17 of the Enforcement Decree of the Labor Standards Act.

The defendant is not a worker employed by the plaintiff, and not only did the defendant have engaged in labor or provided any result from labor at the defendant's workplace, but also did not provide any amount of wages.