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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 66,34,067 as well as the full payment from September 15, 201.
Reasons
1. Basic facts
A. The Defendant is an incorporated foundation that operates a hospital with the name of “D” in Seoul Jung-gu Seoul Metropolitan Government (hereinafter “instant hospital”).
From March 1, 2007, the Plaintiff served as the director in charge of surgery at the instant hospital, and retired from office on August 31, 201.
B. From January 2010 to July 201, the Defendant paid to the Plaintiff KRW 11,50,000,000 (in fact, the amount calculated by deducting food expenses and social expenses from the said money) and KRW 1,00,000,000,000,00 to the end of each month. On August 31, 2011, the Defendant paid KRW 12.5 million (in fact, the amount after deducting food expenses) to the Plaintiff.
[Ground for recognition] Unsatisfy, Eul evidence 9-1-3
2. Determination as to the claim on the principal lawsuit
A. According to the above facts, the defendant is obligated to pay a retirement allowance to the plaintiff, unless there are special circumstances.
B) As to this, the Defendant: (a) received a fixed amount of pay; (b) concluded a labor contract with the so-called so-called “Nerate,” in which the Defendant would not claim retirement pay on behalf of the Plaintiff by paying a certain amount of expenses, including taxes and public charges, etc., and the Defendant would not claim retirement pay on behalf of the Plaintiff; (c) the amount paid by the Defendant is much more than the amount of the unpaid retirement allowance claimed by the Plaintiff; and (d) the Plaintiff filed a claim for retirement pay at the expiration of two years and three months after retirement or at the expiration of two years and three months after retirement; and (e) asserts that the Plaintiff’s claim for retirement pay is contrary to the good faith principle. The Defendant determined the total amount to be actually received by the Plaintiff
Although there is no dispute between the parties that the defendant agreed to pay the benefits to the plaintiff by the method that the defendant bears on behalf of the plaintiff, the defendant shall pay the retirement benefits by treating the amount that the defendant bears on behalf of the defendant as the retirement allowance.