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1. Of the judgment of the first instance, the part against the Defendant ordering payment to the Plaintiff in excess of KRW 5,693,549.
Reasons
1. The fact that the Plaintiff, an employee of the Defendant, around March 2016, sold halog golf car (automobile registration number C; hereinafter “instant car”) to KRW 11,00,000,00 can be acknowledged as having no dispute between the parties, or as a whole, based on the purport of the entire pleadings in the evidence No. 2 and No. 9. The Plaintiff, under an agreement with the Defendant, paid the Defendant in March 2016 after deducting KRW 2,50,000 as the down payment of the instant automobile; and the fact that the Defendant paid the Defendant in April 2016 after deducting KRW 50,000 as the down payment of the instant automobile from the monthly payment of the instant automobile to the Defendant from April 7, 2016 to April 6, 50,000 (11,000,000-2,500,000 won) for each of the instant automobile payment to the Defendant.
2. Judgment on the defendant's defense
A. The Defendant asserted (1) from April 2013 to June 2014, the Defendant promised to receive the remainder of wages and retirement allowances and 2.5 million won each month’s wages when he/she worked as an employee of the Plaintiff Company. The amount of unpaid wages was KRW 1,50,000 and retirement allowances was KRW 1,593,255. The Defendant withdrawn a petition that was paid KRW 1,200,000 and paid to the Seoul Eastern Employment and Labor Agency. On January 11, 2016, he/she returned to the Plaintiff Company and promised to receive the wages of KRW 459,673, the amount of unpaid wages of KRW 50,00,00 and August 1, 2016.
8. 10. As unpaid benefits are KRW 833,30,00,000, the unpaid vehicle price is KRW 2,813,742 [6,50,000 - The unpaid wage of KRW 300,000 (the amount paid after retirement KRW 1,200,00) for the past wages of KRW 1,50,00,000 (the unpaid wage of KRW 1,50,000) - The unpaid retirement allowance of KRW 1,593,25,255 - the unpaid retirement allowance of KRW 459,673 - the unpaid benefits of February 2016 - the unpaid amount of KRW 50,00,00, the unpaid benefits of KRW 83,330,00 for the unpaid benefits of August 2016]; and (2) the plaintiff argues that the period of service of the defendant is merely the amount of KRW 20,00,00.