1.The judgment of the first instance, including a claim for a counterclaim that has been reduced in the trial, shall be modified as follows:

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 8, 2014, the Plaintiff, an employer, entered into an employment contract with the Defendant (hereinafter “instant employment contract”) and the main contents are as follows.

The term of a labor contract: From December 19, 2013 to December 31, 2016, the details of the business (any mutual agreement at the time of renewal of the contract upon the expiration of the contract period): General business wage - monthly wage excluding the financial business - monthly wage - KRW 2.5 million when the company’s profit is normalized - bonuses - bonuses 3.5 million when the company’s profit is black: payment shall be made in case of a company.

-Other benefits: mutual agreement;

-wages payment date: the 19th day (on the preceding day in the case of holidays) per month - the business owner shall provide the workers with accommodation and vehicles.

-in the event of dismissal of a worker before the expiration of his work period, the employer shall pay to the worker an amount calculated by multiplying the remaining months by 3.5 million won per month.

B. On August 25, 2014, the Plaintiff: (a) held a board of directors; (b) demanded excessive wages in addition to the contracted wages; (c) obstructed the Plaintiff’s work by requesting the contractor of the construction project, etc. that the Plaintiff in progress; (d) threatened the Plaintiff to not obtain bank loans; (c) disbursed excessive operating expenses of the corporation; and (d) decided to dismiss the Defendant as of August 31, 2014 on the ground of dismissal, on August 29, 2014, on the ground that the Plaintiff was dismissed from the place of work without permission (hereinafter “instant dismissal”); and (d) notified the Defendant of the details of the resolution of the board of directors on August 29, 2014.

C. Meanwhile, the Plaintiff paid the Defendant wages of KRW 2.5 million per month during the above period from the date of entering into the instant employment contract to August 31, 2014.

The defendant did not work from August 12, 2014, and left Jeju-do, and was employed in Korea Food Co., Ltd. on November 1, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, and 4-9-9-1, Eul evidence 1-1, and the court of first instance.