1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. The Defendant merged D Co., Ltd. (hereinafter “D”) on October 17, 2016.

B. On January 1, 2010, Plaintiff A provided labor by entering D on January 1, 2010. Since D was merged with the Defendant, Plaintiff A provided labor to the Defendant and retired on November 30, 2016.

C. On July 10, 2019, the Defendant paid KRW 14,542,013 to the Plaintiff A as retirement allowance.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 9-11, 15, the purport of the whole pleadings

2. The assertion and judgment

A. The monthly salary of Plaintiff A claimed by the Plaintiffs was increased by KRW 5,988,202 from January 1, 2015 to November 2016, the Defendant paid KRW 2,988,202 per month to Plaintiff A as salary and paid KRW 3,000,000 per month from September 1, 2016 to November 201, respectively.

In addition, from January 1, 2012 to November 30, 2016, Plaintiff A’s retirement pay of KRW 38,141,440 based on monthly salary of KRW 5,98,202. The Defendant considered Plaintiff A’s salary of KRW 2,98,202 and paid only KRW 14,542,013 as retirement pay.

Therefore, the defendant is obligated to pay the plaintiff A the total amount of 32,599,427 won (=9,000,000 won) and damages for delay.

Plaintiff

B, on July 1, 2011, entered D as annual salary of KRW 86,50,000, and served until August 30, 2016, but did not receive retirement allowances from D.

Therefore, the defendant that combines D is liable to pay the plaintiff B a retirement allowance of KRW 36,600,000 and damages for delay.

B. Determination: (1) Evidence Nos. 1 and 2 (annual salary contract) that conforms to the Plaintiffs’ assertion is documents that the Defendant had not received at the time of the merger with D; (2) D’s list of 2012 prosecution bonuses; (3) the list of salary in 2013; (4) the annual salary increase as of January 1, 2014; (4) the annual salary year year year year-end adjustment table as of May 30, 2016; and (3) the Plaintiff A, who was in charge of accounting and management of D, is not registered as Plaintiff B as his/her employee.