1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 23, 2004, the Plaintiff joined and worked for a limited liability company C (hereinafter “C”) and retired on July 31, 2014.

B. On August 1, 2014, the Plaintiff entered into a labor contract with the Defendant, whose entire shares are owned by C, with the basic pay of KRW 125,00,000 per annum, and performance rates of KRW 25% per annum, respectively (hereinafter “instant labor contract”).

C. The Plaintiff, in accordance with the instant employment contract, served as a regular manager at the Defendant Company, and retired on December 31, 2018.

On the other hand, the defendant's provision on payment of retirement allowances for officers provides for retirement allowances for officers as follows.

(b) section 4 (Criteria for Payment).

1. An executive shall be paid as a retirement allowance an average wage of thirty days for each year of continuous service;

2. For average wages, i) the sum of the amount calculated by dividing the basic salary paid to the relevant officer between the three months immediately preceding the day on which the cause for the payment of a retirement allowance occurred, and ii) the sum of the annual salary paid for one year immediately preceding the day on which the cause for the payment of a retirement allowance occurred, and 12 equal amount.

Article 5 (Calculation of Number of Years in Continuous Service)

1. The number of years in continuous service shall be calculated from the date of issuance to the date of dismissal of an officer;

except that the calculation shall be made in addition to:

(a) The number of years of continuous service is not less than five years but less than ten years: 10 years and less than 15 years: the number of years of continuous service in 10 years and less than 15 years: 2 months and less than 20 years: the number of years of continuous service in 2 months and less than 4 months; the additional 20 years of continuous service in 4 months; the additional amount of six months;

2. Where an employee has been issued as an officer, the period of service as an employee shall be included in the number of years;

4.As required by the company, the period of service of the company or its related company may be included in the number of years of service with the approval of the company, if transferred from the related company.

E. The Defendant calculated by adding 1,614 days in addition to 730 days in addition to the Plaintiff’s service period from August 1, 2014 to December 31, 2018, 2,344 days in the period of service 88.