1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

2. The Plaintiff

1. Basic facts

A. The Plaintiff is a legal entity operating the “the early elderly medical center”; Defendant A is a person who worked as a cook of the above medical center from July 1, 2008 to December 31, 2015; Defendant C is from April 1, 2009 to April 13, 2014; Defendant D is a caregiver from February 10, 2010 to June 30, 2015; and Defendant B is a cook of the above medical center from July 1, 2008 to December 31, 2015.

The Defendants retired after the end of the above service period.

B. The Defendants filed a petition against the Plaintiff against the Plaintiff from July 1, 2008 to December 31, 2013. On February 19, 2016, the Plaintiff paid KRW 16,538,648 to the Defendant A, KRW 16,029,512 to the Defendant B, KRW 10,278,246 to the Defendant C, and KRW 10,616,99 to the Defendant D.

[Ground of recognition] Facts without dispute; Gap evidence 1 to 3; Gap evidence 4 to 7; Gap evidence 1 and 2; the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Plaintiff paid retirement allowances to the Defendants including the amount of retirement allowances from around 2008 to 2013. As such, the Plaintiff did not have the effect of the payment of retirement allowances, which led to the Defendants to additionally pay retirement allowances according to the total number of years of service.

Therefore, the Defendants are already received to the Plaintiff as retirement allowances, and Defendant A shall return to the Plaintiff KRW 11,99,470, and KRW 10,720,640 for Defendant B, KRW 8,835,410 for Defendant C, and KRW 7,094,810 for Defendant D as unjust enrichment.

B. In a case where an employer and an employee agreed to pay in advance a certain amount of money with the monthly or daily payment of the amount of retirement allowance, 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 allowances as stipulated in the main sentence of Article 8(2) of the same Act.

On the other hand, an employer is retirement allowance for workers.