Among the judgment of the first instance, the part against the Defendant (Counterclaim Plaintiff) exceeding the amount ordered to be paid under the judgment is revoked.

1. Determination on the main claim

A. Comprehensively taking account of the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 and 2, the defendant's duty to pay the retirement allowance of KRW 5,858,814 from May 10, 2008 to the plaintiff retired on October 13, 2018 (the defendant's assertion that unpaid retirement allowance is merely KRW 5,850,000) can be accepted), barring any special circumstance, according to the above facts, the defendant is obligated to pay the plaintiff a retirement allowance of KRW 5,858,814 from October 30, 2018 after the retirement date of the plaintiff pursuant to Article 9 of the Guarantee of Workers' Retirement Benefits Act (the period of late October 13, 2018 to October 28, 2018 after the expiration of the 14th day from October 28, 2018).

B. The defendant's defense 1) pursuant to the retirement allowance division agreement with the plaintiff, the defendant paid 1,80,000 won in total to the plaintiff from January 1, 2016 to December 31, 2016, 1,80,000 won in total, and 1,60,000 won in total from January 1, 2017 to December 31, 2017, and 1,70,000 won in total from January 1, 2018 to October 30, 2018. The defendant paid 1,70,000 won in total to the plaintiff as unjust enrichment, even if the above retirement allowance division agreement did not meet the interim settlement requirement, the plaintiff's obligation to return the plaintiff's retirement allowance to the defendant as unjust enrichment.

B) On May 7, 2019, the Defendant repaid the Plaintiff the remaining amount of KRW 430,000 (i.e., KRW 5850,000 - KRW 5420,00) of the Plaintiff’s retirement allowance (i.e., KRW 5., KRW 5850,00) to the Plaintiff.