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 status of the parties and the defendant's work details are corporations that run the business of manufacturing ready-mixeds, etc., and the defendant is employed by the plaintiff.

On August 1, 2010, the Defendant joined the Plaintiff and provided labor to the head of the production department, the head of the production department, etc. before retirement on June 8, 2013.

B. The Defendant’s claim for retirement pay and the Plaintiff’s payment of retirement pay filed a lawsuit against the Plaintiff at the Changwon District Court in 2015, and the judgment ordering the payment of unpaid retirement pay and compensation for delay thereof was rendered (No. 12 of the A (Seoul District Court Decision 2015Na15666, Feb. 4, 2016). The Plaintiff appealed against this, but the Plaintiff was dismissed.

[A evidence No. 13 (Supreme Court Decision 2016Na1926 Decided August 25, 2016). The defendant applied for a compulsory auction of real estate owned by the plaintiff to the Changwon District Court C (Evidence No. 14) upon the judgment of the above Kimhae-si court, and received the unpaid retirement allowance from the distribution procedure.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 12 through 18, and the purport of the whole pleading

2. Determination

A. At the time of concluding an employment contract with the Defendant, the Plaintiff agreed to pay retirement allowances in advance by the Defendant. Accordingly, the Defendant brought a lawsuit claiming retirement allowances separately even if he received retirement allowances in advance. As long as the Defendant received retirement allowances in accordance with the lawsuit claiming retirement allowances, the amount of retirement allowances received in advance should be returned to the Plaintiff as unjust enrichment.

B. It is not sufficient to acknowledge the fact that an agreement between the Plaintiff and the Defendant on the advance payment of retirement allowances was concluded by only the descriptions of the judgment fee, Gap evidence Nos. 1 through 11, and there is no other evidence.

Rather, according to the statement of Gap evidence No. 1 (labor contract), the payment of retirement pay in advance under the labor contract is made.