1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 2002, the Plaintiff Medical Center concluded a collective agreement with the labor union as of December 31, 2001, which includes the following (hereinafter “instant collective agreement”).

Article 67 (Retirement Allowances): Retirement allowances shall be abolished, and the fractional system shall be applied from January 1, 202.

(B) The Medical Center shall pay the interim settlement following the abolition of the retirement benefits short-term settlement system in full at its own request, and shall be paid as average wages at the time of settlement, and if it is inevitable to delay, the period may be extended by the labor-management agreement in 2002. Article 68 (Interim Retirement Allowance Settlement System): The Medical Center shall agree with the labor union in advance when implementing the interim settlement system of retirement allowances, and it shall be recognized only when a member submitted labor union through union when a member demands the settlement of retirement allowances. (B) On June 10, 202, pursuant to the instant collective agreement of this case on June 10, 2002, the Medical Center shall only recognize that the Plaintiff submitted the interim settlement system of retirement allowances through union labor union and union labor union.

In addition, Article 1 of the Addenda to the instant case (hereinafter referred to as “the Addenda to the instant case”).

The provision provides that “this provision shall enter into force on the date of its promulgation, except that the rate of payment of regular pay and retirement allowances to officers and employees shall apply from January 1, 2002.”

C. Meanwhile, the defendant was employed by the plaintiff Medical Center on July 1, 1983 and did not make an interim settlement of the retirement pay, and was withdrawn on June 30, 2014. The defendant around that time, based on the accumulated-in system until December 31, 201, based on the average wage of 5,185,170 won as at the time of retirement until December 31, 201, and the defendant claimed that the amount of 250,806,146 won, which was calculated on the basis of the fractional system from January 1, 202 to the retirement date, is a retirement allowance that was actually paid by the defendant 247,641,46 won, but the national pension conversion amount was paid by the employer as the pension premium.