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

Purport of claim and appeal

1..

A. The Defendant is a doctor who operates the D Medical Center in Chungcheong City C (hereinafter “instant hospital”), and the Plaintiff is a doctor who was in charge of the treatment at the instant hospital from February 27, 2013 to March 12, 2016.

B. On May 8, 2013, the Plaintiff entered into a contract with the Defendant with the following content (hereinafter “instant contract”).

The defendant shall ensure that the plaintiff is paid 12,000,000 won without being superior to the monthly sales.

Except for benefits, 36,000,000 won shall be paid until April 30, 2016, 2014, 2015, and 36,000 won, respectively.

Taxes shall be fully borne by the defendant.

The Plaintiff provides the Defendant with a loan of KRW 100,000,000 until April 31, 2013, and the interest shall be borne by the hospital.

With respect to KRW 100,000,000 offered by the Plaintiff, the Defendant shall repay the full amount of KRW 30,000,000 in March 2014, KRW 40,000 in March 2015, and KRW 30,000,00 in March 2016.

(c) Where a worker who is paid a monthly bonus of 12,00,000 won and bonus of 36,000,000 won per annum as fixed pay has provided labor from February 27, 2013 to March 12, 2016, the retirement pay shall be 45,074,515 won.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers), Eul evidence Nos. 6 and 7, the purport of the whole pleadings

2. The parties' assertion

A. From February 27, 2013 to March 12, 2016, the Plaintiff is a worker who received bonus of KRW 12,000,000 per annum as fixed wage while performing medical treatment at the instant hospital from February 27, 2013 to March 12, 2016.

Therefore, the defendant is obligated to pay retirement allowance of KRW 45,074,515 and delay damages to the plaintiff.

B. The Plaintiff is merely a joint operation of the instant hospital as the Defendant’s partner during the above period, and the Plaintiff cannot be deemed an employee under the Labor Standards Act.

Therefore, there is no retirement allowance claim against the defendant.

3. Determination.