1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

1. Facts of recognition;

A. Defendant C is an employer who employs eight full-time workers from November 2009 to “E” in the trade name of Pyeongtaek-si D and operates a plastic plastic manufacturer in the name of F, the wife.

B. From August 19, 201, Plaintiff A had been working from around August 19, 201 at the same workplace, Plaintiff B had retired from work on September 20, 2013 at the same time on November 26, 2015.

C. Plaintiff A was not paid retirement pay of KRW 1,364,310 on November 2015, and KRW 5,760,078 on retirement pay, and Plaintiff B did not receive retirement pay of KRW 3,730,973.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, purport of the whole pleadings

2. According to the facts of the above determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the sum of the unpaid wages and retirement allowances (=1,364,310 won 5,760,078 won), retirement allowance of KRW 3,730,973 won, and damages for delay calculated at the rate of 20% per annum as prescribed by the Labor Standards Act from December 11, 2015 to the date of full payment, from December 11, 2015, to the date of full payment.

3. Judgment on the defendant's assertion

A. The defendant asserts that, according to the interim settlement of retirement pay agreement with the plaintiffs, the plaintiff paid 4.3 million won to the plaintiff A and 2.7 million won to the plaintiff B respectively, there is no obligation to pay the amount of retirement pay equivalent to the above amount.

It is not sufficient to acknowledge that the Defendant and the Plaintiffs agreed to pay a certain amount of money in advance with retirement allowances only with the statement of No. 1, B, and there is no other evidence to acknowledge that the Defendant paid money for the purpose of retirement allowances pursuant to such agreement.

Therefore, the defendant's above assertion is without merit.

B. The defendant asserts that the amount paid to the plaintiffs is offset against the plaintiffs' wages and retirement allowance claims, since the plaintiffs shall return the amount to unjust enrichment if the validity as retirement allowance is not recognized.

Labor Standards Act.