1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From January 9, 2012, the Defendant served as a medical specialist in charge of B in the Boong-si Care Hospital operated by the Plaintiff, and retired on April 25, 2015. On July 3, 2015, the Defendant filed a petition with the Daejeon Regional Employment and Labor Agency for the refusal of payment of retirement allowances from the Plaintiff.

B. On October 8, 2015, the Plaintiff received an order to correct the said petition from the Daejeon Regional Employment and Labor Office, and paid KRW 46,159,226 to the Defendant as retirement allowance.

[Evidence Evidence: Entry of Evidence No. 1 to 5, the purport of the whole pleadings]

2. Determination as to the cause of action

A. The Plaintiff asserted that the Plaintiff agreed with the Defendant to pay the Defendant’s retirement allowance in advance in the manner that the Plaintiff pays the Defendant’s retirement allowance, Gap’s employment insurance, national pension, long-term care insurance premium, etc. to be borne by the Defendant every month.

In addition, unlike the Defendant’s failure to perform the obligation to pay the agreed security deposit, the Defendant terminated the Defendant’s unilateral interest in excess of the amount of labor paid. However, if the Defendant knew that he would claim the status of an employee and claim a retirement allowance, then the Plaintiff would not bear the above public charges to be borne by the Defendant.

As a part of the payment method of retirement allowances, the Plaintiff paid KRW 7,098,30, health insurance premium of KRW 14,301,720, employment insurance premium of KRW 2,908,540, long-term care insurance premium of KRW 936,610, and KRW 87,828,810, and local income tax of KRW 8,782,60, and KRW 121,856,580, which the Defendant is obligated to pay as part of the payment method of retirement allowances. The amount is greater than the amount of retirement allowances received by the Defendant.

Therefore, the Plaintiff suffered damages equivalent to the above KRW 121,856,580 by paying the amount under the name of retirement allowance to the Defendant without any legal ground.