1. All appeals filed by the Defendant against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be assessed against the principal lawsuit and counterclaim.

1. Basic facts

A. The Defendant is a company that aims at the manufacturing business of a paint in Seo-gu Incheon, Seo-gu, Incheon, and the Plaintiff was employed by the Defendant from September 1, 201 to May 16, 2013.

B. The Plaintiff’s average wage per day on the total amount of wages paid by the Defendant for three months prior to his retirement is KRW 123,375,000,000. As such, when calculated based on this, the amount of the Plaintiff’s retirement allowance is KRW 6,043,713 (=123,375.58 (won) 】 30 (day) 】 596/365 (year). The Defendant did not pay the Plaintiff the above retirement allowance and annual allowance 1,240,120 won.

C. On April 22, 2014, in the case of violation of the Labor Standards Act by the Incheon District Court 2014 High Court 692, the Defendant’s representative D was convicted of the facts constituting the crime that the Plaintiff did not pay the said retirement allowance and annual salary (i.e., 6,043, 713 + 1,240,120) within 14 days from the retirement day, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of the payment period, and the said judgment became final and conclusive around that time.

【Reasons for Recognition】 The descriptions of Evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. According to the facts of the judgment on the ground of the Plaintiff’s claim, the Defendant is obligated to pay the Plaintiff totaling KRW 7,283,833 of unpaid retirement allowances, etc. and delay damages therefrom, barring special circumstances.

3. Determination as to the defendant's assertion and counterclaim

A. The Defendant asserted that the Defendant entered into an employment contract with the Plaintiff by setting monthly salary at KRW 3.46 million, and thereafter, the Defendant paid 2.9 million per month as the Plaintiff requested the payment of retirement allowances in the provisional payment form, thereby paying the retirement allowances in full.

Even if the agreement between the Plaintiff and the Plaintiff is not recognized as an interim settlement of the retirement allowance, the Plaintiff is unjust, and the sum of KRW 5,945,000 paid as an additional retirement allowance is considered as unjust enrichment.