1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The Plaintiff’s assertion by the Plaintiff is that the Plaintiff was employed by the Defendant Company B (hereinafter “Defendant Company”) from April 17, 2008 to February 28, 2013, and retired on February 28, 2013. The Plaintiff’s assertion by the Plaintiff was obligated to pay the Plaintiff the amount of retirement allowance of KRW 15,850,498 (retirement allowance of KRW 38,952,188 - the amount of retirement allowance of KRW 23,101,690 at the time of retirement), annual paid leave allowance of KRW 4,540,301 and annual paid leave allowance of KRW 4,540,301 accrued from April 17, 2008 to February 28, 2013, from March 2010 to February 28, 2013.

The Defendants asserted that the Plaintiff is a worker of D (hereinafter “Nonindicted Company”). However, the Defendant Company was established for the purpose of evading the Defendant Company’s obligations, and only its appearance is the same as the Defendant Company. As such, the Defendant Company is obligated to pay the said unpaid wages and retirement allowances to the Plaintiff, and all of the above two companies are merely one company run by Defendant C, and thus, the Defendant C is also obligated to pay the said unpaid wages and retirement allowances to the Plaintiff.

The defendant company asserted that the defendant company was established around April 2006 and around May 2008, respectively. The plaintiff was employed as an employee of the non-party company in preparation for the establishment of the non-party company, and the plaintiff was paid various allowances, benefits, and retirement allowances from the non-party company.

The Plaintiff filed the instant lawsuit on November 25, 2013, and thus, the claim for wages before three years from the said date was extinguished by prescription.

Judgment

Whether the Plaintiff is an employee under the Labor Standards Act, regardless of the form of a contract, shall be determined depending on whether the Plaintiff provided labor to the employer for the purpose of wages in substance, and against the contrary, the amount of wages and retirement allowances for any worker.