1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below is revoked, and above.

1. Basic facts

A. The Plaintiff was employed by the Defendant and worked at the Defendant’s workplace from August 25, 2008 to July 6, 2015.

B. On October 8, 2015, the Defendant issued a summary order of KRW 1,00,000 to the Daegu District Court Decision 2015 High Court Decision 2015 High Court Decision 13872 on the ground that the Defendant did not pay KRW 5,627,30 to the Plaintiff, and the said summary order was finalized around that time.

【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, and purport of the whole pleadings】

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff 5,627,30 won per annum from July 21, 2015 to September 30, 2015, Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, and Article 3(1) main sentence of Article 3(2) of the Addenda (Presidential Decree No. 26553, Sept. 25, 2015) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) to the plaintiff at the statutory rate of 20% per annum under Article 3(1) main sentence of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015).

B. In regard to this, the defendant asserted that the amount equivalent to the above container should be deducted from retirement pay because 108 gas containers were lost during the plaintiff's work, and that the amount should be offset against the plaintiff's retirement allowance claim.

Therefore, Article 43 (1) of the Labor Standards Act provides that "Any continuous payment shall be made in full to an employee in currency," and in light of the principle of full payment of wages, the employer has a claim for wages, such as wages and retirement allowances, as a passive claim.