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1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff, under employment by the Defendant Company operating the business of manufacturing vessel components, provided labor and retired from office from May 7, 2015 to October 30, 2016.
B. As a business manager of the Defendant Company, C was sentenced to a fine of KRW 1 million on November 7, 2017, on the ground that the Plaintiff’s retirement allowance of KRW 5,006,336 was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date (2017 fixed-term274), and the judgment became final and conclusive on November 15, 2017.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay the Plaintiff the unpaid retirement allowance of KRW 5,006,336 and delay damages calculated at the rate of 20% per annum from November 14, 2016 to the date of full payment, barring special circumstances.
B. The defendant's assertion 1) The defendant argued that the retirement allowance was paid in installments each month by concluding an agreement on the division of the retirement allowance with the plaintiff, and that if the agreement on the division of the retirement allowance is not valid, the plaintiff obtained profits equivalent to the amount of the retirement allowance paid in installments from the defendant without any legal ground, and thus, it should be returned as unjust enrichment, and that it offsets the plaintiff's retirement allowance claim against the plaintiff's retirement allowance claim (the defendant did not explicitly argue that the set-off claim is not made, but the defendant's assertion is the purpose
(2) In a case where an employer and an employee agree to pay in advance a certain amount of money as retirement allowance along with a monthly wage or daily wage paid by the employee, the agreement is acknowledged as an interim settlement of the retirement allowance under the main sentence of Article 8(2) of the Guarantee of Workers' Retirement Benefits Act.