1.The judgment of the first instance court, including any claims extended in the trial, shall be modified as follows:

The defendant.

1. Basic facts

A. From November 10, 2006 to April 30, 201, the Plaintiff provided the Defendant with labor engaging in the design business of mutual name “C”.

B. On November 10, 2006, the Defendant determined the actual amount of wage and salary income tax, resident tax, health insurance premium, long-term care insurance premium, national pension premium, employment insurance premium (hereinafter “labor income tax, etc.”) which is not the three-way wage, and guaranteed the Plaintiff’s wage and salary tax, etc. to be paid by the Defendant, and agreed to pay food to the Plaintiff separately. The Defendant, from November 10, 206 to January 2008, and from February 2008 to December 16, 2008, the Defendant paid the Plaintiff KRW 1.6 million in total from February 1, 2008 to December 18, 2000 (Separate KRW 1.7 million in total, KRW 1.1 million in total, KRW 1.6 million in total, KRW 1.6 million in total, KRW 1.6 million in total, from January 10, 2006 to KRW 1.2 million in total, KRW 1.81 million in total, 20000,000 won in separate.

C. The plaintiff was not paid retirement allowances upon retirement.

On the other hand, the details of wage and salary income tax borne by the defendant are as shown in the attached Table.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, 13 (including virtual numbers), Eul's 1 and 4 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's food and salary income tax paid by the defendant constitute ordinary wages. The plaintiff's allowance and retirement allowance calculation should be based on the amount calculated by adding the amount of actual received by the plaintiff to the amount of actual received by the plaintiff. Thus, the plaintiff's allowance for unused annual leave in 2009 (hereinafter "annual leave allowance") shall be based on the ordinary daily wage of 68,772 won (=1,942,830 won [=1,80,000 won (the amount of monthly wage paid by January 1, 2009, including food)] ± 142,830 won (the amount of monthly wage paid by the defendant) ±26 hours x 8 hours] as of January 209.