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(영문) 광주지방법원 2018.09.14 2017가단514000
퇴직금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 60,705,785 to the Plaintiff (Counterclaim Defendant) and its amount from January 15, 2015 to September 14, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a psychiatrist, who served in the hospital run by the Defendant from June 28, 2008 to January 1, 2015, and retired.

B. From June 2008 to December 2008, the Plaintiff received respectively KRW 12,00,000 per month from the Defendant and KRW 13,00,000 per month from January 2009 to January 2011.

C. Around January 201, the Plaintiff prepared two different annual salary contracts in 2011.

The first chapter stated that the annual salary is 168,00,000 won and includes retirement allowances and all other expenses. The other chapter stated that the annual salary is 132,00,000 won and the monthly salary is 11,916,666 won (including retirement allowances 916,666 won).

In addition to the above annual salary contract, the Plaintiff also drafted a detailed statement of composition of the annual salary, a written request for advance payment of retirement allowances, a written agreement on advance payment of retirement allowances.

After preparing the annual salary contract in 201, the Plaintiff received KRW 14,000,000 each month from the Defendant during the period from February 2011 to December 2012.

E. Around January 2013, the Plaintiff drafted an annual salary contract in 2013, stating that the annual salary amount is KRW 168,000,000/year (monthly salary of KRW 13,000,000, and amount of retirement pension reserve of KRW 1,00,000) and the amount of withholding tax and the amount of the fourth insurance are borne by the hospital.

F. After preparing the annual salary contract in 2013, the Plaintiff received KRW 13,00,000 per month from the Defendant during the period from January 2013 to December 2, 2013.

G. During that period, the Plaintiff drafted the annual salary contract in 2014, and the said annual salary contract states that the annual salary amount is KRW 158,400,000 (monthly salary of KRW 146,400,000, and retirement pension reserve of KRW 12,00,000) and that the withholding tax and the fourth insurance are borne by the hospital.

H. After preparing the annual salary contract in 2014, the Plaintiff received KRW 12,200,000 each month from the Defendant during the period from December 1, 2014 to December 2, 2014.

A. Meanwhile, the Defendant deposited KRW 916,666 on May 31, 201 into the retirement pension account opened in the name of the Plaintiff in the corporate bank.

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