beta
(영문) 대구지방법원서부지원 2015.10.29 2015가합5300

퇴직금지급 청구의 소 등

Text

1. The Defendant’s KRW 99,151,930 as well as the Plaintiff’s annual rate of 5% from February 15, 2015 to October 29, 2015.

Reasons

1. Facts of recognition;

A. From February 1, 1998 to January 31, 2015, the Plaintiff was working for the Daegu C Hospital operated by the Defendant (hereinafter “instant hospital”) or the Sung C Hospital.

B. The Plaintiff began to receive KRW 4,582,00 from the Defendant on February 28, 1998, and received approximately KRW 6 million from around 2003, and approximately KRW 8 million from around March 2004 to January 201, and from around February 2010 to the head of Tong in the name of the Plaintiff or his wife:

3.(c)

was paid with the same money as the statement in the subsection.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, 5, and 6 (including, if any, various numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff worked at the instant hospital and the Sungju Hospital operated by the Defendant from February 1, 1998 to January 31, 2015. From April 2003, the Plaintiff agreed to receive benefits of KRW 10 million per oral between the Defendant and the Defendant (the actual receipt amount of KRW 8 million). However, the Plaintiff did not receive part of the agreed benefits from around February 2010.

Therefore, the Plaintiff, who is an employee, has the right to receive KRW 125,00,00 in total, and KRW 33,684,640 in total, and KRW 170,00 in unpaid retirement allowance, which occurred after February 1, 2012, and KRW 33,684,640 in total, and KRW 170,00 in unpaid retirement allowance from the Defendant.

B. The Plaintiff asserted 1, while working at the instant hospital operated by the Defendant, left on December 1, 2009 and worked at the Sungju Hospital operated by the medical corporation E. On December 10, 2009, the Plaintiff again worked at the instant hospital operated by the Defendant, and on May 1, 2012, when the monthly sales of the instant hospital under the hospital operation contract, were assigned to the hospital head on May 1, 2012, and the amount of monthly sales of the instant hospital was more than KRW 250 million but less than KRW 260,000,000,000,000,000,000 including retirement allowances, the monthly sales of the instant hospital, including retirement allowances, were paid in addition to KRW 10,00 per month.

(b).