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Reasons
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(영문) 서울중앙지방법원 2020.01.28 2019가단5082741
부당이득금
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a medical corporation that operates the “E Hospital” located in Bupyeong-si, Busan. The Defendants, as doctors, were employed by the Plaintiff and were retired from the said hospital.

Article 4 (Remuneration)

1. The total amount of salaries to be paid every month to Eul (the defendants, hereinafter the same shall apply) shall be KRW B 16,620,810, and KRW C 13,066,80;

2.B shall bear all the taxes and premiums relating to the payment of salaries referred to in paragraph 1 above.

Article 5 (Payment of Remuneration)

1. The payment of remuneration under Article 4 (1) shall be calculated from the first day of the relevant month to the last day of the relevant month, and it shall be paid at the last day of the relevant month in principle by transfer of a passbook, except as otherwise expressly provided;

3. A retirement allowance shall not be paid separately because it is included in paragraph 1 of Article 4.

B. On April 11, 2015, and May 20, 2015, the Plaintiff entered into an employment contract with Defendant B, including the following:

C. From May 1, 2015 to August 31, 2018, Defendant B retired while serving and retired from office. Around May 23, 2019, Defendant C received retirement allowance of KRW 49,716,48 from the Plaintiff. Defendant C retired from office on April 22, 2015 to February 13, 2019, and received KRW 44,935,740 as retirement allowance around April 23, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including branch numbers, if any) and the purport of the whole pleadings

2. When concluding an employment contract with the Defendants, the Plaintiff agreed not to pay retirement allowances when he retires.

The Defendants, while in office under the above employment contract, received each of the Defendant B’s retirement allowance of KRW 36,923,080 (= KRW 923,077 per month x 3 years and 4 months) and Defendant C received KRW 35,205,138 (= KRW 769,231 per month x 3 years and 23 months). However, the Defendants received retirement allowance from the Plaintiff after retirement.

Therefore, the defendants are obligated to return each of the above money received as retirement allowance to the plaintiff.

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