1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The fact that the Defendant filed a lawsuit against the Plaintiff seeking payment of retirement allowances of KRW 54,277,959 as retirement allowances of KRW 3,071,846 as well as unpaid wages of KRW 57,349,805 (hereinafter “wages case”) does not conflict between the parties.

In addition, while filing the lawsuit in this case during the lawsuit of the above wage case, the plaintiff sought confirmation that there is no retirement allowance payment obligation of the plaintiff as to the part because the retirement allowance claimed by the defendant in the above wage case is excessive because it is problematic in the calculation method

Therefore, a suit for confirmation shall be allowed where it is necessary to confirm by a ruling the existence of certain legal relations between interested parties in order to eliminate the existing anxiety and danger in their own rights or legal status.

However, the plaintiff can contest the scope of the obligation to pay retirement allowances to the defendant by seeking a dismissal ruling on the part of the amount exceeding the proper amount of retirement allowances claimed by him in the lawsuit of wage case which was pending earlier than the lawsuit of this case. Thus, there is no benefit to seek a passive confirmation on the part of the obligation to pay retirement allowances claimed by the defendant. Thus, the defendant's defense on the merits

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it as per Disposition.