퇴직금 등
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 46,157,477 and its payment from March 15, 2015.
【Main of the principal lawsuit and counterclaim shall be deemed to be filed together】
1. Basic facts
A. The Plaintiff entered into an employment contract with the Defendant who operates the Integrated Hospital (hereinafter “instant hospital”) and worked for the instant hospital as B from March 1, 201 to February 28, 2015.
B. Article 3 (Conditions of Remuneration) of the Labor Contract was partially amended on September 1, 2012, and the contents before and after the amendment are as follows:
(2) Article 3 (Supplementary Conditions) of the former Act provides that “The former Act shall be amended to KRW 156,00,000,000,000,000,000, including retirement allowances, shall be included in the annual salary system under Article 3 (Remuneration Conditions) of the former Act.
(Provided, That the charges and public charges shall be borne by the defendant). Article 3 (Conditions of Remuneration)
1. The total annual payment during the term of the contract shall be 156,000,000 won per day including retirement allowances;
The monthly payment is 12,00,000 won and shall be separately paid. However, pursuant to the Guarantee of Workers' Retirement Benefits Act, all kinds of taxes and public charges shall be borne by the defendant.
Retirement allowances shall be paid at the time of retirement of the plaintiff, and in the case of interim settlement, the standards prescribed by relevant statutes shall apply.
C. From March 1, 201 to August 31, 2012, the Plaintiff received retirement allowances of KRW 12,000,000 each month according to the previous employment contract prior to the instant amendment, and the Plaintiff received KRW 29,923,760 as retirement allowances after receiving only monthly basic pay according to the instant employment contract after the instant amendment from September 1, 201 to February 28, 2015.
On the other hand, the Plaintiff agreed to receive incentives (in excess of KRW 80,00,000 on monthly sales basis; KRW 5% on monthly sales basis; hereinafter “instant incentives”). The total amount of incentives paid during the three-month period prior to retirement is KRW 4,385,487.
[Grounds for recognition] Unsatisfy, A No. 1.