1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The Plaintiff, who entered the Defendant Company on February 6, 2012 and retired from office until March 20, 2015. However, on March 26, 2015, the Plaintiff received KRW 3,258,801 as retirement pension on March 26, 2015, and even until 14 days after retirement, the Plaintiff did not receive KRW 5,219,04,042 as the remainder of the unpaid wages from the Defendant and the unpaid amount of KRW 3,024,978 as well as the unpaid amount of KRW 2,194,064 as well as KRW 5,219,042 as the unpaid amount of KRW 2,19,04,042 as well as the dispute between the parties, or may be recognized by comprehensively taking account of the overall purport of arguments in each of the statements in Gap and Eul evidence

Therefore, the Defendant is obligated to pay the Plaintiff the interest in arrears calculated at the rate of 20% per annum from April 4, 2015 to the date of full payment, which is the 14th day after the Plaintiff’s retirement date, to the Plaintiff’s 5,219,042 won and the 14th day after the Plaintiff’s retirement date.

2. Judgment on the defendant's assertion

A. On this issue, the defendant asserts to the effect that the retirement allowance under the labor contract with the plaintiff is included in the total annual salary, and that the defendant and the plaintiff join the retirement pension to bear 50% each, and that since the plaintiff received the retirement pension after retirement or paid the retirement allowance in the interim settlement form in accordance with the agreement on the division of retirement allowances with the plaintiff, the retirement allowance to be paid to the plaintiff does not remain.

However, there is no evidence to prove that the agreement between the plaintiff and the defendant was made explicitly, and specific claims for retirement benefits are only made by the requirement of 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, and the agreement to pay retirement allowances in advance is not acknowledged as interim settlement of retirement allowances, unless it is acknowledged as interim settlement of accounts for retirement allowances.