1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. The defendant is a business operator who engages in crop cultivation business in Ansan-si D with the trade name of "C".

B. The Plaintiff was employed by the Defendant from December 23, 2013 to January 15, 2016, and served in the said C.

C. From December 2014 to January 2016, the Defendant delayed payment of KRW 15,448,00 in total and KRW 19,489,690 in total, including retirement allowances of KRW 4,041,690 (i.e., KRW 15,448,00 in total).

After retirement, the Plaintiff filed a petition with the Defendant on the ground that the Defendant did not pay wages and retirement allowances to the Plaintiff. On March 6, 2016, the Administrator of the Central Labor and Labor Agency issued a written confirmation of the employer’s overdue wages, etc. stating that “The Defendant did not pay the Plaintiff the total amount of KRW 19,489,69,690,” to the Plaintiff who worked from December 2014 to January 6, 2016.”

E. The Defendant was indicted for committing the crime in arrears with wages as stated in the foregoing Paragraph (d) and was sentenced to a fine of KRW 4 million by the Suwon District Court Decision 2016No498. The Defendant appealed with Suwon District Court 2017No5309, Nov. 17, 2017, but the appeal was dismissed on November 17, 2017. The said conviction became final and conclusive around that time.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence Nos. 1 through 3 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 13 and 14, the purport of the whole pleadings

2. The Defendant is obligated to pay the Plaintiff the sum of the unpaid wages and retirement allowances of KRW 19,489,69,690 and damages for delay calculated at the rate of 20% per annum from January 30, 2016 to the date of full payment, which is the 14th day following the date of retirement, to the date of full payment, except in extenuating circumstances.

(Plaintiff filed a claim for the payment of damages for delay from January 29, 2016, but the following day after the 14th day from January 15, 2016, on which the Plaintiff retired, is clear from January 30, 2016, and thus, the Plaintiff’s claim for damages for delay exceeding the above recognition scope is without merit).