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(영문) 수원지방법원 2018.04.27 2016가합84340
채무부존재확인
Text

1. The retirement allowance payment obligation of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is the money set forth in paragraph (2) below.

Reasons

All principal lawsuit and counterclaims shall be deemed to have been filed.

1. Basic facts

A. From January 3, 1997, the Defendant served as a doctor at a hospital operated by the Defendant and retired on February 20, 2016.

B. On July 18, 2002, the Plaintiff paid 12,721,970 won to the Defendant for interim settlement of accounts for retirement allowances, and 53,594,430 won as retirement allowances on March 10, 2016, the Defendant’s retirement time.

C. The average wage during the three-month period before the Defendant’s retirement date is KRW 476,630.

On December 28, 2016, the Plaintiff deposited KRW 67,100,000 of retirement allowances with the Defendant as the principal deposit in Suwon District Court’s Sung-nam Branch in 2016, a gold of KRW 4678 in 2016.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, 14, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. From January 3, 1997 to February 20, 2016, the Defendant served as a doctor at C Hospital operated by the Defendant, and the Plaintiff is obliged to pay KRW 273,755,62, a retirement allowance for the entire period of employment, to the Defendant.

However, on July 18, 2002, the Defendant received each payment of KRW 12,721,970 under the pretext of interim settlement of retirement allowances under an invalid interim settlement of retirement allowances agreement, and KRW 53,594,430 under the pretext of retirement allowances on March 10, 2016, around the time of retirement. Accordingly, the Plaintiff is obligated to pay the Defendant the amount of KRW 207,439,222 (i.e., KRW 273,75,622 (i.e., KRW 273,75,622) - KRW 12,721,970 - KRW 53,594,430) and delay damages therefrom.

B. From January 3, 1997 to December 2002, the Plaintiff entered into an interim settlement agreement with the Defendant regarding the period of employment from January 3, 1997, and paid the Defendant totaling KRW 26,849,750 according to the above agreement.

In addition, on March 10, 2016, the Plaintiff paid 53,594,430 won of retirement allowances for the period of service from June 21, 2012 to February 20, 2016 to the Defendant.

Therefore, the defendant's retirement allowance is limited to KRW 135,506,684, which occurred during the period of service from January 1, 2003 to June 20, 2012.

However, the above working period.

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