1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance shall be subject.

1. Basic facts

A. The Defendant is a company that engages in the wholesale and retail business of information and communications construction business, computers, and peripheral devices.

B. Although Plaintiff A provided the Defendant with labor from April 6, 2005 to September 4, 2015, Plaintiff A failed to receive the total of KRW 26,410,851 on August 2015, 2015, including KRW 1,90,00,00, and business suspension allowances and KRW 4,218,166, and retirement allowances and KRW 20,292,685.

C. Plaintiff B provided the Defendant with labor from February 3, 2007 to September 14, 2015, but did not receive KRW 1,700,00 on August 2015, and KRW 3,381,185 on September 2015, and KRW 19,820,755 on September 3, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from October 1, 2015 to the date of full payment, as the Plaintiffs seek against the Plaintiff, the sum of the unpaid wages, etc. 26,410,851 won, the sum of the unpaid wages, etc., 19,820,755 won, and each of the above amounts.

3. Judgment on the defendant's assertion

A. As to the assertion that interim settlement of retirement pay was made, the Defendant asserts that the Plaintiffs could not respond to the Plaintiffs’ claim for retirement pay since the Defendant, at the time of employment of the Plaintiffs, agreed to settle the retirement pay in the middle and paid an amount equivalent to a certain rate of monthly salary once every three months.

If an employer and an employee agree to pay in advance a certain amount of money with a monthly or daily allowance paid by the employee, the agreement is null and void in violation of the mandatory law, unless it is recognized as an interim settlement of a valid retirement allowance, as it gives up in advance a claim for a retirement allowance accrued at the time of the final retirement, unless it is recognized as an interim settlement of a retirement allowance.