1. The Defendant shall pay to the Plaintiff KRW 48,128,880 and the interest rate of KRW 15% per annum from May 30, 2019 to the day of complete payment.

1. Facts of recognition;

A. The Plaintiff is working for the Defendant Company from December 22, 2014 to November 30, 2016.

As such, he/she was employed in the defendant company again, and thereafter has been employed in the defendant company from February 2, 2017 to January 4, 2019.

The retirement was made.

B. From July 1, 2015 to November 30, 2016, the Plaintiff was not paid KRW 36,657,233 out of wages and retirement allowances (hereinafter “first unpaid claim”), and KRW 11,471,647 out of wages and retirement allowances from December 1, 2018 to January 4, 2019 (hereinafter “second unpaid claim”) 48,128,880 from each retirement date.

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

2. Determination

A. According to the fact that the Defendant Company was liable to pay wages and retirement allowances to the Plaintiff (i.e., KRW 48,128,880 (=36,657,233 KRW 11,471,647) and the amount of delay damages at the rate of 15% per annum under the Labor Standards Act from May 30, 2019 to the date of full payment, as sought by the Plaintiff, at the expiration of 14 days from each of the retirement dates of the Plaintiff.

B. On March 2, 2016, the Defendant Company lent KRW 40,00,00 to the Plaintiff. On November 30, 2016, the Plaintiff agreed to set off the Plaintiff’s unpaid wages and retirement allowance claim amounting to KRW 36,657,233 after retirement from the Defendant Company, and the Defendant Company’s aforementioned loan claim amount. As such, the Plaintiff’s first unpaid claim was extinguished all of the Plaintiff’s first unpaid claim amount. The Defendant Company expressed its intention to set off the remainder of the loan claim ( KRW 3,342,767) against the Plaintiff against the Plaintiff in the amount equal to the Plaintiff’s second unpaid claim amount. Accordingly, the amount that the Defendant Company is obligated to pay to the Plaintiff is KRW 8,128,80 (=11,471,647 won-3,342,767 won).