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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 20, 1982, the Plaintiff joined the Defendant company engaging in bus transportation business and served as a driver, who was retired on July 19, 200, but was not paid the retirement allowance from the Defendant. However, the Plaintiff agreed with the Defendant on October 6, 200 to receive the said retirement allowance when he re-enters the Defendant company and retires again. The Plaintiff retired on October 31, 201.
B. Retirement pay to the Plaintiff by the Defendant is KRW 62,368,792 (i.e., retirement pay by retirement on July 19, 2000) (i.e., KRW 31,276,620 due to retirement on October 31, 201), and a separate amount of KRW 9,317,00,00 in total, KRW 71,685,792.
C. The defendant: 0.30 30.30 5,00 , 00 , 20.30 , 20.30 , 20 , 30.30 , 20 , 30.30 , 200 , 30.30 , 200 , 30.30 , 200 , 1,000 ,00 ,000 , 30.30 , 20.30 , 20.30 , 200 , 30.1, 200 , 200 , 30.1, 200 ,00 ,00 , 3.0 ,00 ,00 ,00 ,00 ,00 ,00 ,00 ,00 ,00 , 31, 2012
【Ground of recognition】 The fact that there is no dispute, Gap's evidence 1-3, Eul's evidence 1-1, the purport of the whole pleadings
2. Determination as to the cause of claim
A. The gist of the parties’ assertion is that the Plaintiff is obliged to pay the Plaintiff a total of KRW 72,563,200, a total of KRW 72,563,200, as well as damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act, from January 14, 2011, which is the following day after the retirement of the Plaintiff, to November 14, 201, and 20% per annum as stipulated in the Labor Standards Act, from the following day to the day of full payment.