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(영문) 창원지방법원통영지원 2019.04.18 2017가합10783

임금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 231,086,648 to the Plaintiff (Counterclaim Defendant) and its amount from November 2, 2014 to April 18, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From June 20, 2005 to October 18, 2014, the Plaintiff served in C Hospital run by the Defendant (hereinafter “instant hospital”) as a doctor and retired from office.

B. The Plaintiff received monthly salary at the 20th day of each month, and the Plaintiff’s retirement from June 2008, received monthly salary at the instant hospital from June 1, 2008 to December 1, 2009 to July 1, 2000 from July 1, 2010 to July 1, 2010, or 400 to December 1, 2012, from January 1, 2013 to October 1, 2014 to October 1, 2014, which was actually received KRW 24 million in addition to the monthly salary paid at the instant hospital.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5-1 to 4, Eul evidence 3-1 and 2, the purport of the whole pleadings

2. The defendant, at the time of the retirement of the hospital at the time of the Plaintiff’s retirement, made an agreement on the part of the Defendant that he would not make any claim or objection against the Defendant regarding retirement allowance and annual leave allowance. Thus, the lawsuit of this case is unlawful against the agreement on the lawsuit of this case. However, there is no evidence to acknowledge the defendant’s assertion, and the defendant’s defense prior to the merits is without merit.

3. Judgment on the main claim

A. Plaintiff’s assertion 1) The Plaintiff provided labor to the Defendant and retired from office from office from June 20, 2005 to October 18, 2014, and the Defendant is obligated to pay the Plaintiff retirement allowance of KRW 292,519,974 under the Guarantee of Workers’ Retirement Benefits Act and delayed payment damages. (2) The Plaintiff was unable to use annual leave from around 201 to June 201. Thus, except for the period during which the extinctive prescription expires, the Defendant’s annual leave allowance of KRW 15,69,135 (15,00 average wage of KRW 1,04,60,09 x 15 days x 15 days x 15 days x 136,15 days x 1365 days x 15 days x 15th 15th x 16th 15, 2013 (15th x 16th 15, 2013).