1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Determination on the cause of the claim

A. The facts of recognition do not conflict between April 1, 2015 and March 16, 2018, and provided labor by the Plaintiff under employment of the Defendant who runs the business of “D” located in “D” (hereinafter “instant business establishment”) located in Gwangju-gu C and 1st century, and the fact that the Plaintiff was not paid retirement allowances of KRW 5,732,194 without an agreement on the extension of the payment date between the parties concerned, or that the Plaintiff did not receive retirement allowances of KRW 5,732,194, without an agreement on the extension of the payment date between the parties concerned, may

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff a retirement allowance of KRW 5,732,194 and damages for delay at the rate of 20% per annum as stipulated in the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits from March 31, 2018 to the date of full payment, which is the day following the 14th day after the retirement of the Plaintiff.

2. Judgment on the defendant's defense

A. The defendant, upon entering into a labor contract with the plaintiff, agreed to pay 1,50,000 won as retirement allowance every month together with 1,60,000 won. Accordingly, the defendant paid the retirement allowance in advance.

Since the Plaintiff is obligated to return the amount received as retirement allowances to the Defendant in accordance with such agreement, there is no money to be paid to the Plaintiff if the Plaintiff offsets the Plaintiff’s retirement allowance claim against the Defendant’s unjust enrichment return claim.

B. If the pertinent legal doctrine and the employee agreed to pay a certain amount of money in advance with the monthly pay or daily pay that the employee pays (hereinafter “retirement allowance installment agreement”), the agreement is null and void in violation of Article 8 of the Act on the Guarantee of Workers’ Retirement Benefits, unless it is acknowledged as an interim settlement of accounts for retirement benefits under the main sentence of Article 8(2) of the Act on the Guarantee of Workers’ Retirement Benefits.

On the other hand.