1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Defendant is working for the Plaintiff Company from January 21, 2008 to August 8, 2013.

is retired worker.

On January 21, 2008, the Defendant entered into an annual salary contract with the Plaintiff on January 21, 2008, January 21, 2009, and March 1, 2010, including the content that retirement pay should be included in the above annual salary when entering into an annual salary contract with each annual salary amount of KRW 45,262,320.

B. On April 15, 2011, the Plaintiff Company: (a) calculated KRW 13,495,518 as retirement allowances corresponding to the Defendant’s continuous service period from January 21, 2008 to December 31, 2010; and (b) paid KRW 3,639,623 in the difference between the amount of annual salary and the deducted amount of KRW 9,85,895, which included the amount of annual salary, to the Defendant on April 25, 2011.

C. On September 9, 2013, the Plaintiff filed a petition with the Ministry of Employment and Labor that the agreement on the payment of a retirement allowance included in the annual salary was null and void, and that the Plaintiff did not receive a retirement allowance accordingly, the Plaintiff calculated the retirement allowance to be paid to the Plaintiff at the time of the interim settlement of the payment of the said interim retirement allowance in accordance with an arbitration by the Ministry of Employment and Labor, based on the premise that the agreement on the payment of a retirement allowance was null and void, and paid the Defendant the amount of KRW 9,580,147 (the amount of KRW 9,200,777, after the deduction of the amount of the tax) on February 7, 2014, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 24, Eul evidence Nos. 4 and 7 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff paid a total amount of KRW 9,85,895 to the Defendant from January 21, 2008 to December 31, 2010, in accordance with the agreement on the installment of retirement allowances concluded with the Defendant.

However, if the above amount is not effective as a retirement allowance, the plaintiff suffered damages equivalent to the above amount by paying it to the defendant without any legal ground, while the defendant is equivalent to the above amount.