1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 28,334,303 as well as its full payment from February 25, 2016.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff, as an employee of the Defendant, served in the “C Truck Industrial Complex” operated by the Defendant from August 24, 2011 to February 10, 2016.

B. According to the indictment prepared on October 14, 2016 by the head of the central branch office of the Central District Employment and Labor Office on May 13, 2016, the Defendant’s wage of KRW 10,600,00 (the wage of KRW 1,800,000 on November 1, 2015) (the wage of KRW 3,300,000 on January 1, 2016) and the wage of KRW 3,300,000 on February 1, 2016, the retirement allowance of KRW 14,434,3030,00 on February 1, 2016, the retirement allowance of KRW 3,200,00 on retirement allowance of KRW 3,30,00 on December 2, 2016, KRW 3,303,00 on retirement allowance of KRW 30,300,334,303.

【Ground of recognition】 The fact that there is no dispute, entry of Gap 1, 2, and 3 in the evidence, the purport of the whole pleading

2. As to the main claim

A. According to the facts as to the cause of the claim, the Defendant shall pay the Plaintiff the interest for delay calculated at the rate of 20% per annum from February 25, 2016 to the day of complete payment, which is the following day after 14 days from the date of retirement of the Plaintiff.

B. As to the Defendant’s assertion, the Defendant asserts that the Plaintiff did not bear the obligation to pay retirement allowances, since the Defendant paid retirement allowances in installments to the Plaintiff each month.

On the other hand, the right to claim the payment of retirement allowances is a requirement for the termination of the labor relationship, and there is no room for the obligation to pay retirement allowances as long as the labor contract remains in existence. Thus, even if the retirement allowances are paid on the monthly pay or daily pay received every month, it is not effective as a payment of retirement allowances under Article 34 of the Labor Standards Act, and as such, the agreement that is to be paid by including the retirement allowances on the monthly pay or daily pay as well as the right to claim the retirement allowances accrued at the time of the final retirement.