1. The Defendant shall pay to the Plaintiff KRW 30,895,890 as well as 20% per annum from May 2, 2014 to the day of complete payment.

1. Basic facts

A. The Plaintiff served as the Defendant’s freight driver from June 20, 2005 to June 2013, and retired on April 17, 2014, while serving as the Defendant’s freight driver from July 2013.

B. C, the representative director of the Defendant, was issued a summary order of a fine of two million won due to the Plaintiff’s failure to pay KRW 30,895,890 as retirement allowance, and applied for formal trial, and was dismissed on the ground of the Plaintiff’s non-existence of punishment (Seoul Southern District Court Decision 2015Gohap918, 784 (Joint)) among criminal trials (Seoul Southern District Court Decision 2015

C. The Plaintiff received 10,500,000 won (3,500,000 won x 3 months) in total as wages from January 18, 2014 to April 17, 2014, which is three months before the retirement date.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 10 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that he was a worker who provided labor under the direction and supervision of the Defendant, and sought a retirement allowance of 30,895,890 won and damages for delay against the Defendant.

B. (1) From June 20, 2005 to June 2013, 2013, the Plaintiff entered into a vehicle leasing and service contract with the Defendant and is not an employee of the Defendant.

B. From July 2013, the retirement allowance does not occur since the defendant's worker or the continuous service period is less than one year until the plaintiff retires from his/her office, which he/she had duties, such as the support of night vehicles, dispatch vehicles, strings and strings.

3. Determination

A. (i) The Defendant is a company that owns approximately two hundred and thirty cargo vehicles, including the rolling stock, and runs the cargo transport business.

The plaintiff did not prepare any particular contract with the defendant until he retires from his job.

Consolidatedly, the Defendant provided the Plaintiff with the cargo vehicles owned by the Defendant from June 20, 2005 to June 2013, when the Plaintiff joined, and the Plaintiff is designated by the Defendant.