The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

1. Facts of recognition;

A. From November 1, 2016 to July 37, 2017, the Plaintiff retired on October 14, 2018 while serving as an internal director, and as the representative director from the next day.

B. The Defendant Company processed the business of withholding tax on the Plaintiff’s remuneration for each year, and issued the receipt to the Plaintiff.

C. On December 31, 2018, the Defendant Company: (a) prepared the Plaintiff’s “revenue Tax Withholding Receipt/Payment Record” pursuant to Article 41(2) of the Articles of Incorporation; and (b) Article 4 of the Regulations on Payment of Retirement Allowances for Executive Officers and submitted

According to this, the plaintiff's retirement pay reaches 31,122,170 won (the amount after deduction of 3,193,830 won withheld).

The remuneration for executive officers of the defendant company shall be paid on the fifth day of each month.

According to the Plaintiff’s wage statement prepared by the Defendant Company in October 2018, the Plaintiff’s monthly salary reaches KRW 3,258,350, excluding the amount of national pension and other deductions.

Grounds for Recognition: Each entry in Gap evidence Nos. 1-3, 6-8, and the purport of the whole pleadings

2. The assertion and determination Plaintiff asserted that even after retirement as of October 14, 2018, the Defendant did not pay the Plaintiff wages and retirement allowances for the ten-month period, and sought payment of the corresponding amount.

According to the above facts, with respect to the Plaintiff’s total amount of 34,380,520 won and unpaid wage of 3,258,350 won, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 20% per annum as stipulated by the Labor Standards Act from October 28, 2018, following the 14th day after the date of retirement, and from October 28, 2018, with respect to unpaid retirement allowance of 31,122,170 won, and from October 28, 2018 to the date of full payment. Thus, the Plaintiff’s claim is justified.

3. Conclusion, the instant claim should be accepted, and the judgment of the court of first instance is justifiable in conclusion.

The defendant's appeal is dismissed on the ground that it is without merit.