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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Comprehensively taking account of the purport of the entire arguments in Gap evidence No. 1 and Gap evidence No. 3 as to the cause of the claim, the plaintiff is employed by the defendant who operates the printing office and worked for the period from April 21, 2014 to October 29, 2016, and the fact that the retirement pay during the period the plaintiff worked for the plaintiff constitutes 4,365,820.
Therefore, the Defendant is obligated to pay to the Plaintiff 2,182,910 won, excluding KRW 2,182,910, and damages for delay calculated at the rate of 20% per annum from November 13, 2016 to the date of full payment, which is the following day after 14 days from the above retirement date, to the date of full payment, barring special circumstances.
2. Judgment on the defendant's assertion
A. 1) The Defendant asserts that, at the time of concluding the employment contract with the Plaintiff, the payment of the amount equivalent to the already paid retirement allowance including the retirement allowance was set off against the Plaintiff’s claim for return of unjust enrichment equivalent to the above amount, if there is an agreement between the employer and the employee to the effect that a separate retirement allowance should not be paid at the time of retirement, including a monthly or daily retirement allowance, and that the amount of money in the name of the retirement allowance, excluding the above nominal amount of the retirement allowance, should be specified in the previous employment contract or the Labor Standards Act, and that the content of the employment contract including the agreement on the installment of the retirement allowance should not be disadvantageous to the employee in light of the previous employment contract or the Labor Standards Act, and that the employer and the employee have agreed to pay a certain amount under the pretext of the additional retirement allowance, separately from the wage.