1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The Defendant shall pay to the Plaintiff KRW 2,232,475 as well as to the Plaintiff.

1. Basic facts

A. On July 1, 2016, the Plaintiff entered into a labor contract with the Defendant who is engaged in the business, such as the production of teaching aids and the test language, which is paid KRW 2.4 million monthly salary, and thereafter retired on October 31, 2016, upon receiving the Defendant’s order from that time, performing overall control over the classical work, such as the preparation of the classical drawing and the progress of construction.

B. The Defendant paid KRW 2,40,000 to the Plaintiff on July, 2016 and August, respectively, and paid KRW 2,198,150 after deducting KRW 201,850, such as health insurance premium, from the monthly salary for September. The Defendant did not pay the monthly salary for October.

C. Meanwhile, the Plaintiff paid KRW 1,630,924 in total with the Plaintiff’s credit card during the above service period to perform duties according to the Defendant’s instruction.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 14, Eul evidence No. 1, the purport of the whole pleadings]

2. The assertion and judgment

(a) If an employee who made a determination on the facts of the cause of the claim retires, he/she shall pay wages and any other money or valuables within 14 days after such retirement;

(Article 36 of the Labor Standards Act (Article 36). According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 2.4 million monthly wages of October and the amount of KRW 1,626,925, totaling KRW 4,026,925, and damages for delay calculated at the rate of 20% per annum from November 15, 2016 to the date of full payment, which is the 14th day following the Plaintiff’s retirement date.

B. The defendant's assertion asserts that the defendant is liable to pay only the remaining amount after deducting four major premiums.

The National Health Insurance Act and other relevant Acts and subordinate statutes stipulate that the employer should withhold and pay the insurance premium for the month in which the employee insured should bear (the national pension, health insurance, employment insurance, long-term care insurance, etc.).

On the other hand, however,