1. Of the judgment of the first instance, the part against the Plaintiff regarding the order of additional payment shall be revoked.

1. Basic facts

A. The Plaintiff entered into an employment contract with the Defendant company running the urban bus transportation business and village bus transportation business, and served as a bus driver during the following period.

(1) From January 29, 2009 to February 1, 2012

(2) From March 2, 2012 to February 1, 2013.

(3) From March 1, 2013 to June 25, 2014

B. On March 19, 2010, the Defendant paid KRW 1,618,490 to the Plaintiff on the pretext of interim settlement of retirement allowances corresponding to the period of employment from January 29, 2009 to February 28, 2010.

C. On August 27, 2014, the Defendant paid 2,644,870 won to the Plaintiff as retirement allowances corresponding to the period of employment from March 1, 2013 to June 25, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 5, 6, and 9, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff worked for the Defendant Company from January 29, 2009 to June 25, 2014.

However, during the above period, a worker did not actually provide labor for about two months, but this is because the “re-employment after a leave of absence for a certain period of time” was either entered or retired only in the form of a re-contract in accordance with the direction of the defendant.

Therefore, since the plaintiff continued to maintain a labor relationship with the defendant company from the time of the first entry to the time of the last withdrawal, the defendant is obligated to pay to the plaintiff the remainder of the retirement allowance corresponding to the period, excluding the part of the retirement allowance paid by the defendant, and delay compensation therefor

B. From January 29, 2009, the Plaintiff, while serving in the Defendant Company, voluntarily retired on February 1, 2012 on the ground of household affairs.

On March 2, 2012, when entering into an employment contract with the Defendant and retired on February 1, 2013, the contract term expires, and on March 1, 2013, the Defendant entered into a new employment contract with the Defendant and voluntarily retired on June 25, 2014.

Therefore, the Plaintiff’s retirement allowance is ① from January 29, 2009 to February 1, 2012; ② from March 2, 2012 to February 1, 2013; ③ from March 1, 2013 to February 1, 2013.