1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is a person who runs the business of road packaging, etc. under the trade name of “C”, and the Defendant is a worker who provided the Plaintiff with labor from February 2, 2009 to December 31, 2013.

B. On June 18, 2014, after retirement, the Defendant filed a petition with the Ulsan District Employment and Labor Office on the ground that the Plaintiff did not pay retirement benefits to the Defendant. On July 23, 2014, the Ulsan District Employment and Labor Office ordered the Plaintiff to pay KRW 10,560,390 of the Defendant’s retirement benefits by August 8, 2014.

C. On August 8, 2014, the Plaintiff remitted KRW 10,560,390 to the Defendant according to the above corrective order.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 2 through 10, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The purport of the party's assertion is that the plaintiff filed a petition with the defendant to pay a retirement allowance in addition to the wages to the defendant as a way to eliminate the burden of payment of the subsequent retirement allowance, and that the defendant did not pay a separate retirement allowance in the future, and thus the plaintiff paid a retirement allowance in duplicate to the defendant under the name of the retirement allowance. Thus, the plaintiff asserted that the defendant should return the amount of the pre-paid payment by the plaintiff to the plaintiff as unjust enrichment, and thus, it should be returned to the plaintiff.

In this regard, the defendant did not agree to pay the plaintiff's retirement allowance in installments, and asserts that the defendant's benefits received from the plaintiff are all wages.

B. If an agreement was made to pay a certain amount of money in advance with the monthly pay or daily pay paid by the employer and the employee (hereinafter “an agreement to divide retirement allowances”), the agreement is deemed to constitute an interim settlement of retirement allowances under the proviso of Article 8(2) of the Guarantee of Workers’ Retirement Benefits Act.