1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. From December 19, 2004 to April 1, 2016, the Defendant operated a rest area from 641, Gangnam-ro, Gangwon-do, Gangwon-do (hereinafter “instant rest area”).

B. The Plaintiffs entered into an employment contract with the Defendant (hereinafter “instant employment contract”), and, at the rest area of the instant case, Plaintiff A served as the part-time cook from March 8, 2013 to January 15, 2016, and Plaintiff B as the part-time cook from January 1, 2007 to January 5, 2016, respectively.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 14 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion is obligated to pay the Plaintiffs unpaid wages, retirement allowances, and annual allowances for unused annual use (hereinafter “wages, etc.”).

B. According to the purport of the written evidence No. 1 and the argument, it is recognized that the Defendant did not pay the Plaintiff A the sum of KRW 10,632,454 as well as KRW 11,51 as well as KRW 11,510,665 as wages, KRW 8,989,347 as wages, KRW 647,67 as retirement allowances, KRW 647 as well as KRW 879,840 as annual salary, KRW 10,516,854 as wages.

Therefore, the Defendant is obligated to pay interest in arrears calculated at the rate of 20% per annum under Article 37(1) of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act from January 30, 2016 to the date following the 14th day after the date when the cause for the payment occurred due to retirement, and from January 20, 2016 to the date when the 14th day after the date when the cause for the payment occurred due to retirement from January 20, 2016 to the date of complete payment, respectively.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion 1) concluded a comprehensive wage agreement with the Plaintiffs and paid a certain amount accordingly, there is no wage to be paid to the Plaintiffs. 2) The employer and the employee under the labor contract.