1. Of the judgment of the first instance, the Defendant (Counterclaim Plaintiff) and the Defendant are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 11,388,725.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendants are those running a traditional restaurant with the trade name called D from March 1, 2003 (hereinafter “instant restaurant”). The Plaintiff is employed by the Defendants and worked in the instant restaurant from March 21, 2007 to August 31, 2017.

B. The Plaintiff each year from 2007 to 2010

3. 21. 21. A written employment contract stating working conditions, etc. in Defendant C and the instant restaurant, and each of the above written employment contract includes the content that retirement pay shall be paid in 12 months upon request of the Plaintiff on a monthly basis.

C. On July 1, 2012, the Plaintiff drafted a written employment contract with Defendant C with the following content.

Article 2 (Period of Employment Contract) (1) The term of the Plaintiff’s employment contract is from July 1, 2012 to the period of life contract.

Article 5 (Retirement Benefits and Retirement Benefits) Retirement Benefits shall, in principle, be paid at the time when a legal ground for payment arises, and other matters concerning retirement allowances shall be governed by the Retirement Benefits Guarantee Act. [The fact that there is no dispute over the grounds for recognition, the entry of Gap evidence 1, Eul evidence 2-1, 3, 4, 6, and Eul evidence 3, and the purport of the whole pleadings and arguments

2. The parties' assertion

A. The Plaintiff was employed by the Defendants and worked at the instant restaurant from March 21, 2007 to August 31, 2017, but did not receive retirement allowances of KRW 23,754,516.

Therefore, the defendants are jointly and severally liable to pay the retirement allowance and damages for delay to the plaintiff.

B. Defendants 1) The former Guarantee of Workers’ Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 2011; and enforced on July 26, 2012; hereinafter “former Act”).

According to Article 8(2), an employee may settle his/her retirement allowance for the period of continuous service before his/her retirement at the request of the employee, and the Defendants shall divide the retirement allowance each month after entering into an agreement on interim settlement of accounts with the Plaintiff during the said period.