The Defendant-Counterclaim Plaintiff’s counterclaim of this case is dismissed.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 12,136,154.

1. If there is no dispute between the parties to the determination of the principal claim, or if the purport of the entire pleadings is added to the statement in Gap evidence No. 1, it is recognized that the plaintiff retired from office on June 3, 2019 while taking charge of the editing and printing film work of packaging designs employed by the defendant around June 2010, and that wages, annual allowances, etc. that the plaintiff was not paid by the defendant were 12,136,154 in total.

Therefore, the defendant is obligated to pay to the plaintiff 12,136,154 won and damages for delay calculated at the rate of 20% per annum from June 18, 2019 to the date of full payment, which is the day following the expiration of 14 days from the date of retirement.

2. Judgment on a counterclaim

A. The Defendant asserted that “the Plaintiff incurred damages equivalent to KRW 30,177,00 in total, including delivery expenses, etc. that the Plaintiff embezzled or unduly charged while serving as the Defendant’s employee,” and filed a claim for damages equivalent to the above amount as a counterclaim against the Plaintiff.

As to this, the plaintiff's counterclaim is "the defendant's counterclaim is dismissed because it has no mutual relation with the main claim of this case, and is therefore dismissed."

B. In order for a counterclaim to be lawful, a claim that became the subject-matter of a counterclaim must be related to the means of a claim or defense of the principal lawsuit (Article 269(1) of the Civil Procedure Act). “Relationship to a claim of the principal lawsuit” means a case where a claim is intended to form the same legal relationship as that of the principal lawsuit or causes for a claim are identical, the cause of the

Even if the main part of the target or cause is factually or legally common, and the relationship between the defense method and the main part of the main claim means the case where the counterclaim is common in terms of the grounds for and causes of the defense of the main claim.

On the other hand, the claim for the counterclaim of this case is a principal suit solely on the ground that the damage claim asserted by the defendant occurred during the plaintiff's work period.