1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 21,134,263 as well as the full payment from April 4, 2015.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is a juristic person whose purpose is packing maintenance and repair business, reinforced concrete construction business, etc., and the Plaintiff was employed by the Defendant from April 9, 2010 to December 26, 2012, and then returned to the Defendant, and then retired from the office, and thereafter retired from office.

B. The Plaintiff was not paid KRW 13,935,480 in total from November 1, 2014 to March 2015 by the Defendant, and was not paid KRW 3,048,101 in retirement allowances from December 1, 2010 to December 26, 2012, and KRW 4,150,682 in retirement allowances from November 1, 2013 to March 20, 2015.

C. On August 12, 2015, the Plaintiff filed an accusation against C, the representative director of the Defendant, with the Port Office of the Daegu Regional Employment and Labor Agency, that it was not paid the wages and retirement allowances under the preceding paragraph.

Since then, on October 5, 2016, C was sentenced to a fine of KRW 3 million due to a violation of the Labor Standards Act under the criminal facts that “the wages and retirement allowances under Paragraph (b) have not been paid to the Plaintiff within 14 days from the date of retirement” from the Daegu District Court Port Branch (No. 2016 High Court Decision 200,000 won).

Although C appealed, on July 5, 2017, the appellate court (Tgu District Court 2016No4385) rendered a judgment of conviction of a fine of KRW 2 million in consideration of the fact that C makes a confession, etc. on July 5, 2017, which became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 9 (including paper numbers), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff 21,134,263 won (i.e., unpaid retirement pay of KRW 13,935,48,101 won, 4,150,682), and damages for delay calculated at the rate of 20% per annum from April 4, 2015 to the date of full payment, which is 14 days after the Plaintiff’s withdrawal, to the date of full payment.

B. The Defendant’s judgment on the Defendant’s assertion is the first retirement allowance installment agreement.