The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

1. Facts of recognition;

A. On December 1, 2010, the Plaintiff provided labor under employment of the Defendant, who operates “C”, by June 30, 2016.

B. The Defendant did not pay to the Plaintiff the sum of KRW 24,725,409 (wages of KRW 9,900,000 as retirement allowances of KRW 14,825,409).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the whole purport of the pleading

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of unpaid wages and retirement allowances totaling KRW 24,725,409 and delay damages.

B. The defendant has already paid 300,000 won to the plaintiff as retirement allowances every month. Thus, it is alleged that the defendant cannot accept the plaintiff's retirement allowance claim. However, there is no evidence to prove that the defendant additionally paid 300,000 won to the plaintiff as retirement allowances every month, and even if there is such fact, it is not effective as retirement allowance payment under Article 34 of the Labor Standards Act (see, e.g., Supreme Court Decision 2007Do4171, Aug. 23, 2007). The defendant's above assertion is without merit.

C. Therefore, the Defendant is obligated to pay to the Plaintiff 24,725,409 won in total as well as damages for delay calculated at the rate of 20% per annum from July 15, 2016 to the day of full payment, which is 14 days after the Plaintiff’s retirement date, to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.