1. Of the judgment of the first instance, KRW 12,621,915 against the Plaintiff and the Plaintiff shall be fully paid with respect to the Defendant from April 25, 2015.

1. In full view of the purport of the entire pleadings as to the cause of the claim Gap's evidence Nos. 1, 2 and Eul evidence Nos. 1 and the purport of the entire pleadings, it is recognized that the plaintiff worked for the defendant company running the automobile maintenance business from December 10, 2007 to April 10, 2015. The defendant did not pay 10,000 won out of monthly wages for 38 months from February 1, 2012 to March 2015 to the plaintiff, and the defendant did not pay 14,532,485 won out of retirement pay 14,532,485 won and did not pay 10,521,915 won.

According to the above facts, the defendant is obligated to pay 3.8 million won (i.e., 100,000 won x 38 months) payable to the plaintiff and the total of 10,521,915 won for unpaid retirement allowances, and delay damages therefrom, barring special circumstances.

2. Judgment on the defendant's assertion

A. On February 2012, the Defendant asserted that the Plaintiff and the Defendant would have deducted KRW 100,000 per month from the Plaintiff’s wage as the Plaintiff and the Defendant agreed to subscribe to a retirement pension through consultation between labor and management, and that they would pay one half of the charges. However, there is no evidence to deem that there was an agreement as alleged by the Defendant, and even

Even if retirement benefits are to be borne by the employer, and it is null and void in violation of the principle of full payment of wages under the main sentence of Article 43(1) of the Labor Standards Act, which is a mandatory law, to deduct the money in the name of retirement pension from the worker's wage

B. The Defendant asserts that at the time of concluding the employment contract with the Plaintiff, the Defendant included the total amount of the annual salary and paid the retirement allowance in installments along with the monthly salary, and that the Plaintiff also accepted the interim settlement of the retirement allowance as of February 10, 2012, and signed the written statement of the retirement allowance (Evidence 2) (Evidence 2).

In addition to the contents of evidence Nos. 2, 2, and 1, the defendant concluded an employment contract with the plaintiff and paid retirement allowances to the total annual salary.