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(영문) 수원지방법원 2018.05.25 2017가합12687

퇴직금 청구의 소

Text

1. The Defendant: (a) to Plaintiff A, KRW 239,718,809; and (b) to Plaintiff B, KRW 315,27,151; and (c) to Plaintiff C, KRW 290,327,889; and (d) to Plaintiff D.

Reasons

1. Basic facts

A. The plaintiffs are in office as a medical specialist belonging to the I Hospital operated by the defendant and were retired from office by providing labor, and the plaintiffs' tenure of office is as stated in the separate sheet "period of employment" as stated in the separate sheet.

B. On July 18, 2002, the Defendant paid KRW 12,604,841 to Plaintiff A, KRW 12,091,754 to Plaintiff B, KRW 13,028,243 to Plaintiff C, KRW 10,637,067 to Plaintiff D, and KRW 12,926,210 to Plaintiff G, respectively.

C. The average wage per day during three months prior to each retirement date of the plaintiffs is indicated in the separate sheet as stated in the separate sheet. The amount that the plaintiffs received from the defendant as retirement allowance from the defendant around the retirement date is indicated in the separate sheet as stated in the separate sheet.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. The parties' assertion

A. The defendant is obligated to calculate and pay the retirement allowance to the whole period of employment at the hospital operated by the defendant. The amount paid by the defendant to the plaintiffs as interim payment of retirement allowance or retirement allowance is considerably short of the plaintiffs' legitimate amount of retirement allowance calculation. The defendant is obligated to pay the unpaid retirement allowance and its delay damages to the plaintiffs.

B. The defendant made an interim settlement of the retirement allowance agreement between the defendant in 2002 and the defendant in December 2002, and paid the interim settlement of the retirement allowance in accordance with the above agreement. The plaintiffs' retirement allowance is limited to the period of service after the above period of service, and the plaintiffs' retirement allowance was paid in installments by including the retirement allowance for the period of service after January 2003 in accordance with the effective installment payment agreement with the plaintiffs. The amount must be deducted from or offset against the retirement allowance claimed by the plaintiffs.

3. Regarding the existence of the defendant's obligation to pay retirement allowances.