1. The appeal against the principal claim and counterclaim by the Defendant (Counterclaim Plaintiff) is dismissed, respectively.

2. The appeal costs.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Defendant is a company established for the purpose of manufacturing metal-processed products, and the Plaintiff served as an employee of the Defendant from April 12, 2013 to April 30, 2015.

B. After retirement, the Plaintiff filed a petition on the grounds that C, the Defendant’s representative director, did not pay wages and retirement allowances to the Plaintiff. On August 12, 2015, the head of the Seongbuk-gu Regional Employment and Labor Office issued a written confirmation of the business owner’s arrears, including the Defendant’s wage, etc. that “The Defendant’s representative director, who was the Defendant C, paid KRW 2,767,960,000 among KRW 10,548,060, including the Defendant’s wage, etc., worked between April 12, 2013 and April 30, 2015, which was unpaid.”

C. On September 1, 2015, the Defendant was charged with summary prosecution (Seoul District Court 2015 High Court 2015 High Court 2015 High Court 6592) on the grounds that the Plaintiff did not pay wages equivalent to the above amount. On December 4, 2015, the Defendant was notified of the summary order in the above support, and the said summary order became final and conclusive on December 22, 2015.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. As seen earlier, even though the Plaintiff provided labor to the Defendant from April 12, 2013 to April 30, 2015, the Plaintiff did not receive total of KRW 7,780,098, such as wages, etc. from the Defendant. As such, the Defendant is liable to pay to the Plaintiff delay damages calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from May 15, 2015 to the date of full payment, which is 14 days after the date of retirement.

B. The defendant's judgment on the counterclaim and the counterclaim claim is based on the food expenses and the vehicle maintenance expenses received from the defendant, even though the plaintiff had already received the food expenses and the vehicle maintenance expenses from the wage, and at least the defendant paid the food expenses and the vehicle maintenance expenses.