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(영문) 전주지방법원 2013.12.10 2012가단35400
퇴직금지급
Text

1. The Defendant’s KRW 64,368,693 as well as 5% per annum from April 3, 2012 to December 10, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. From March 1996, the Medical Corporations Foundation (hereinafter referred to as the "Geocheon-si Foundation") had operated the Jeonju-dong Hospital located in Jeonju-si on June 30, 2005, transferred all debts, such as all of the corporeal movables, such as the site and buildings of Jeonju Hospital (hereinafter referred to as "real estate of Jeonju Hospital"), the employees of the Yju-dong Foundation, the wage obligations of the employees of the Yju-dong Foundation, and the financial obligations, to the medical corporations on June 30, 2005.

B. On July 15, 2005, he continued to operate the business after replacing the name of the hospital to the new main hospital. However, the obligation of the collateral security bank of the Korea Exchange Bank established at the time when the Foundation was operated, was not settled smoothly. On October 26, 2005, upon application for the auction of the Korea Exchange Bank, the voluntary auction procedure for the real estate of the former main hospital (the court B) began on October 26, 2005. In the procedure, he purchased the real estate of the former main hospital on August 8, 2006, he donated it to the Defendant on December 28, 2006, and thereafter, the Defendant operated the Jeonju Hospital.

C. Meanwhile, from March 1, 1996 to April 30, 2005, the Plaintiff worked in the former hospital operated by the chemical foundation at the former hospital operated by the chemical foundation, from July 14, 2005 to January 9, 2007, at the new Jeju Hospital operated by the Defendant from January 10, 2007 to March 17, 2012, and retired from office on March 18, 2012. The Plaintiff concluded an annual salary contract with the Defendant for one year with the term of the contract as follows.

Article 3 (Recontracts) The plaintiff and the defendant agree with each other to renew the contract one month before the expiration of the contract period.

Article 6 (Remuneration, Performance and Retirement Allowance)

1. The Plaintiff’s remuneration shall be annual salary of KRW 150,00 (including retirement allowances) and the payment method shall be KRW 10,100,892 on the date of monthly salary every 1/13 of the annual salary.

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