1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff A KRW 2,710,210 and the defendant shall pay to the plaintiff A the amount of KRW 2,710.

Basic Facts

The defendant is a person who operates a private teaching institute with the trade name "F" in Seongdong-gu Seoul Metropolitan Government.

Plaintiff

A from December 27, 2009 to July 27, 2014, Plaintiff B from August 16, 2013 to December 17, 2014, Plaintiff C provided labor as an instructor after being employed by the Defendant from August 3, 201 to April 30, 2013.

On December 27, 2010, the Defendant paid KRW 1,200,000 to Plaintiff A as retirement allowance, KRW 1,200,000 on December 26, 201, KRW 700,00 on July 27, 2012, and KRW 80,000 on July 23, 2012 to Plaintiff C.

Plaintiff

B did not receive any money from the Defendant as retirement pay.

(2) Plaintiff A and C received KRW 2,500,000 for retirement benefits from August 20, 2012 to July 25, 2014 during the period of service under employment and work for the Defendant from Han Bank Co., Ltd. (hereinafter “I Bank”) after retirement.

Plaintiff

C was paid KRW 1,100,000 as retirement benefits from August 2, 2012 to May 31, 2013 during the period during which one bank was employed and worked for the Defendant after retirement.

[Ground of recognition] In preparation for the absence of dispute, Gap evidence Nos. 1, Eul evidence Nos. 7, 9, and 11, the assertion of the purport of the entire pleadings, and the allegation of the purport of the claim for determination of retirement pay, the plaintiffs asserted to the purport that the payment of the instant money is part of the wage as security deposit accumulated in 100,000 won per month from the wage, and thus, it should be included in the average wage.

The Defendant asserts that the instant money is not a retirement allowance paid according to the interim settlement of retirement allowances between the Defendant and the Plaintiffs.

Judgment

If the above basic facts and evidence Nos. 5, 11, and 15 (including branch numbers) are added to the whole purport of the pleadings, the defendant, while remitting the instant money to the plaintiff A and C, entered the details of the transactions as "retirement Allowance", and the above plaintiffs.