1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 44,742,435 as well as the full payment from September 1, 2018.

1. Basic facts are the Defendant’s subcontractors, and the Plaintiff is employed by the Defendant from June 7, 2010 to engage in the work of installing ship pipelines, etc., and retired on May 15, 2018, does not conflict between the parties.

2. Determination on the main claim

A. The Plaintiff’s assertion (1) and the Defendant agreed on the Plaintiff’s monthly salary of KRW 8.8 million from June 1, 2013 to May 31, 2016. However, the Defendant paid the short amount from June 1, 2013 to May 2015, the total amount is KRW 5,139,300.

(2) The Plaintiff and the Defendant agreed to pay KRW 10 million per month after tax deduction from April 1, 2016 to May 15, 2018, but the Defendant did not pay KRW 18,300,480 in total.

(3) The Plaintiff was not paid annual allowances of KRW 12,972,960 for 60 days from July 1, 2010 to May 15, 2018.

(4) At the time of retirement from the Defendant Company, the Plaintiff did not receive KRW 75,829,695 of the retirement allowance after tax deduction.

B. (1) Determination (1) As between June 2013 and May 2015, 2015, the fact that the Plaintiff’s total amount of KRW 5,139,300 was unpaid between June 2013 and May 2015 does not conflict between the parties.

Since the Defendant asserts that the extinctive prescription of the above claim for wages has expired, it is clear that the period of extinctive prescription is three years, and that the Plaintiff filed the instant lawsuit on August 20, 2018.

However, if a claim, for which the extinctive prescription has expired, could have been offset before its completion, that obligee may offset it.

(Article 495 of the Civil Act) Therefore, as seen earlier, it is reasonable to view that the Plaintiff’s aforementioned unpaid wage claim was offset against the amount on an equal basis on the ground that the Defendant, prior to the lapse of the statute of limitations, was on a set-off basis with the claim for return of unjust enrichment of KRW 30 million, which the Defendant had against the Plaintiff around September 2013.

(2) In full view of the purport of the entire pleadings, the Plaintiff’s statement on the unpaid wage claim No. 5 from April 1, 2016 to May 15, 2018.