1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph 1.

1. Basic facts

A. On May 1, 2004, the Defendant and C’s office-general hospital operation 1) leased the entire nine-story building in the Daegu-gu F in D and E-T, and in fact, C, other than medical personnel, operated by C, but in the form of the so-called “office-general hospital” (hereinafter “the instant hospital”).

(2) On August 16, 2012, C had employed the Defendant, who is a doctor, as the head of the hospital of this case, and changed the name of the medical institution in the name of the Defendant.

On August 14, 2012, the Defendant and the president of the former hospital entered into a medical business transfer agreement with the Defendant that transfers all obligations and obligations related to the instant hospital, such as management rights and facility usage rights (including building lease rights) of the instant hospital, to the Defendant.

3) On July 23, 2015, the Defendant was sentenced to a suspended sentence of four years for a three-year period of imprisonment for criminal facts, such as violation of the Medical Service Act that “The instant hospital was operated in the form of a so-called office hospital by in collusion with Non-Medical Personnel C in collusion with Non-Medical Personnel C, from August 16, 2012 to December 15, 2014,” and was sentenced to a suspended sentence of four years for a three-year period of imprisonment (current Daegu High Court 2015No452).

B) B. The Plaintiff’s period of service and the retirement allowance were served as the parking manager of the instant hospital from September 23, 2005 to August 1, 2014, and the Plaintiff was not paid KRW 7,534,540 (i.e., retirement allowance of KRW 9,534,540 calculated on the basis of the aforementioned service period - the principal amount of the retirement allowance received from C - KRW 2,000,000), even after the lapse of 14 days from the date of the said retirement (i.e., retirement allowance of KRW 9,534,540 calculated on the basis of the aforementioned service period). (ii) On February 3, 2015, the Plaintiff received the Plaintiff’s dividend and substitute payment of KRW 304,542 as part of the dividends

2. On July 22, 2015, the Plaintiff received substitute payment of KRW 2,923,750 from the Korea Labor Welfare Corporation as part of the retirement pay.