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1. The Defendant shall pay to the Plaintiff KRW 176,829,107 as well as 20% per annum from December 16, 2014 to the date of full payment.
Reasons
1. Basic facts
A. From February 1, 2001, the Plaintiff, a doctor, was employed by the Defendant and worked in the C Hospital operated by the Defendant (hereinafter “instant hospital”) and retired on December 1, 201.
B. From the Plaintiff’s entry to January 31, 2009, the Defendant: (a) determined the total amount of benefits to be actually received by the instant hospital doctors; and (b) paid wage and salary tax, resident tax, national pension premium, health insurance premium, employment insurance premium, etc. (hereinafter “labor income tax, etc.”) to doctors by way of the Defendant’s alternative payment.
C. On February 1, 2009, the Defendant prepared a labor contract with the Plaintiff (hereinafter “instant labor contract”) with the following contents, but the amount actually received by the Plaintiff from the Defendant was almost different from that before the formation of the said labor contract.
3. Remuneration, allowances, etc.)
(a) Total amount: 120,000,000 won (total amount: 110,769,230 won, retirement allowance: 9,230,770 won);
(b) Monthly wage amount: 10,00,000 won (monthly salary amount: KRW 9,230,770, interim retirement settlement amount, KRW 769,230): The amount of refund accrued in relation to the earned income shall be reverted to a hospital, as total salary amount, 1/12, including the ordinary wage for statutory working hours (basic pay and weekly paid leave allowance) and the statutory allowances, such as overtime work, night work, holiday work, and holiday work allowances, if the recipient of the monthly wage wishes to do so, 1/12 of the monthly wage amount, along with the monthly wage amount, as well as the monthly wage amount, if he/she wishes to do so.
3. Payment timing: The last day of each month.
(c) Other matters: Notwithstanding the provisions of monthly remuneration, legal leave shall be freely available;
5. Term of contract: From February 1, 2009 to January 31, 2010;
6. Renewal of a contract: The renewal of a contract in writing after consultation one month prior to the expiration of the contract. [Grounds for recognition] The absence of dispute, entry of Gap evidence 1, and the purport of the whole pleadings;
2. Determination as to the cause of action
(a) claims for retirement benefits;