1. The Defendant’s KRW 14,501,210 as well as the annual rate of KRW 5% from August 1, 2015 to August 14, 2015 to the Plaintiff.

1. Basic facts

A. On June 1, 1988, the Plaintiff joined the Defendant company and served as an urban bus driver, and was retired on August 1, 2015.

B. On December 6, 2006, the Plaintiff agreed to interim settlement of retirement allowances with the Defendant (hereinafter “instant interim settlement agreement”) by means of a written undertaking to suspend receipt of retirement allowances from December 21, 2006 to December 20, 201, without immediately receiving interim payment of retirement allowances (hereinafter “instant interim settlement agreement”).

C. Around October 2010, the Defendant again requested its employees, including the Plaintiff, to suspend the payment of the intermediate amount of the instant intermediate amount for five years until October 31, 2015.

On August 17, 2011, the Plaintiff rejected the Defendant’s request for the postponement of payment, and the president of the Democratic Bus Head Office for the Democratic Bus of the Democratic Traffic Union, the Plaintiff notified the Defendant of the withdrawal of interim payment of retirement allowances, along with the written withdrawal of the Plaintiff, etc., on the ground that the instant request for interim settlement is void as a matter of course. D.

On August 1, 2015, the Plaintiff retired from the Defendant Company. On August 13, 2015, the Defendant paid KRW 6,782,805 based on the interest rate of KRW 37.5% per annum from November 1, 2010 to July 31, 2015, upon the instant interim settlement application, to the Plaintiff on October 2, 2015.

In the absence of an interim agreement on the settlement of the retirement allowance in this case, the retirement allowance to be paid by the Plaintiff is KRW 59,051,420.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1 through 6, Eul 9, 10, 12 (including partial numbers), the purport of the whole pleadings

2. Assertion and determination

A. Since the agreement on interim settlement of the Plaintiff’s assertion is null and void for the following reasons, or the Plaintiff cancels the agreement on interim settlement, the Defendant is obligated to pay the Plaintiff the retirement allowance of KRW 44,550,210, which was already paid at KRW 59,051,420 for the total period of employment, after deducting KRW 44,550,210 for the retirement allowance from the total period of employment, and

(1) The defendant does not have the ability to pay retirement allowances.