1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On November 14, 2011, the Plaintiff entered into a labor contract with the Defendant as KRW 2,500,000 per month (hereinafter “instant labor contract”) and subsequently retired from office on February 29, 2016.

B. On March 28, 2016, the Plaintiff filed a petition with the Korea Employment and Labor Agency in Gwangju, as the Defendant did not pay a retirement allowance separately, and the said agency calculated the retirement allowance that the Plaintiff did not receive from the Defendant as KRW 11,570,210.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay retirement allowance of 11,570,210 won to the plaintiff and damages for delay.

B. The Defendant’s assertion and judgment 1) agreed to pay the retirement allowance in installments at the time of entering into the instant employment contract with the Defendant, and accordingly, it does not have the obligation to pay the retirement allowance in installments to the Plaintiff. Even if the said money paid by the Defendant does not fall under the retirement allowance, since the Plaintiff received the wage in excess of the wage under the instant employment contract, and constitutes unjust enrichment, it constitutes a set-off against the Defendant’s claim for return of unjust enrichment with the Defendant’s automatic claim. If the pertinent legal doctrine and the agreement was concluded to pay in advance a certain amount of money as retirement allowance (hereinafter “the agreement to pay in installments of retirement allowance”) along with the monthly wage or daily wage paid by the employer and the employee, the said agreement waivers the employee’s claim for retirement allowance arising at the time of the final retirement allowance, unless it is recognized as the interim settlement of the retirement allowance under the main sentence of Article 8(2) of the Guarantee of Workers