1.The judgment of the first instance, including a counterclaim claim extended at the trial, shall be modified as follows:

1. Basic facts

A. The Defendant is an individual entrepreneur operating a medical flag agency, and the Plaintiff, as employed by the Defendant, provided labor from December 2, 2013 to April 30, 2014.

B. On December 2, 2013, the Defendant, while employing the Plaintiff as an employee, paid the Plaintiff’s salary of KRW 30,000,000 as annual salary, and paid monthly vehicle maintenance expenses and fuel expenses.

In addition, on December 13, 2013, the Defendant paid KRW 5 million to the Plaintiff the automobile purchase subsidy.

C. Around January 2014, the Plaintiff purchased and used a new diesel vehicle in the name of Sungsung M&T Co., Ltd., and retired on April 30, 2014, and sold the said vehicle around July 2014.

Meanwhile, on the other hand, the Defendant was sentenced to a fine of KRW 300,000 as the Gwangju District Court 201Da1129 on August 21, 2014 to the effect that the Plaintiff did not pay KRW 2,550,000 for the total amount of KRW 2,50,000 and KRW 300,000 for the vehicle maintenance expenses, without any agreement between the parties on the extension of the payment date, and that it was finalized around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-3, Eul evidence 1-3, 4, Eul evidence 1-3, and the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff filed a claim against the defendant for the payment of the unpaid wage of 2.5 million won and damages for delay, and the defendant paid 5 million won of the automobile purchase subsidy to the plaintiff on condition that the defendant company works for a long period of time, and the plaintiff died at only four months, and the plaintiff should return 5 million won of unjust enrichment to the defendant.

3. According to the facts found in the judgment on the principal claim, since the Defendant did not pay 2.5 million won to the Plaintiff, the Defendant is obligated to pay to the Plaintiff 2.5 million won and the damages for delay by 20% per annum under the Labor Standards Act from May 15, 2014 to the date of full payment, which is the day following the 14th day after the Plaintiff’s retirement date.