1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff’s assertion is a person who operates the company “C”, and the Defendant was on duty in the company from April 1, 2008 to March 31, 2016 and retired from office.

On April 1, 2008, when concluding a labor contract with the Defendant, the Plaintiff agreed to pay KRW 2,475,000 per month as monthly salary, and pay KRW 225,00 per month as a total to pay KRW 2,70,000 per month in installments.

The Plaintiff paid the retirement allowance of KRW 21,600,000 in total for 96 months in which the Defendant served as the Defendant, but the Defendant filed a petition with the Plaintiff for the delayed payment of the retirement allowance after retirement. As such, the agreement between the Plaintiff and the Defendant on the division of the retirement allowance is null and void, and the Defendant is obliged to return the retirement allowance of KRW 21,60,000 paid in installments to

B. The defendant's assertion that the plaintiff agreed to receive KRW 2,700,000 as monthly salary at the time of entering into an employment contract, and that there was no retirement allowance installment agreement.

2. As to whether there was a retirement allowance installment agreement between the Plaintiff and the Defendant, the following circumstances acknowledged by the statement in subparagraphs A through 10, the fact-finding reply to the Korea Employment and Labor Agency within the Central Labor Agency within the Central Employment and Labor Agency: (i) the Defendant alleged that there was no wage statement from the Plaintiff; and (ii) the statement stated that 2,637,870 won was paid in the statement on February 2, 2014, and 2,630,050 won was paid in the statement on February 2, 2015, but the amount actually paid to the Defendant is different from 2,497,070 won, respectively; (ii) the amount actually paid to the Defendant was calculated based on the basic salary 2,737,916 won as well as the average wage 300,000 won as recognized by the Plaintiff present at the Korea Employment and Labor Agency within the Central Employment and Labor Agency within the Central Employment and Labor Agency; and (iii) the Defendant was aware of the fact in advance payment.