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(영문) 부산지방법원 2016.12.29 2016나2427

퇴직금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff entered into a labor contract with C around October 2007 and worked as an employee in D operated by C.

B. The Defendant Company was established on December 26, 2014, and at the time of its establishment, C was its representative and resigned on June 5, 2015, and E was appointed as its representative on the same day.

C. On July 6, 2015, the Busan District Court’s branch branch of the Busan District Court filed a summary order of KRW 2 million on August 12, 2015, on which a summary order of KRW 2 million was issued on August 12, 2015, and the summary order became final and conclusive on September 24, 2015. The details of “C did not pay KRW 1,140,000 as retirement reserve for retirement year 20 years from October 7, 2009 to April 10, 2015, and part of the wage monthly wage of KRW 160,000, retirement allowance of KRW 13,605,29, total amount of KRW 14,905, and KRW 299 within 14 days from the date of retirement without agreement on extension of payment period between the parties.”

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1, Eul evidence 1, 3, and 5, the purport of the whole pleadings

2. The parties' assertion

A. On December 26, 2014, the Plaintiff’s assertion C established the Defendant Company based on the previous D’s physical and human organization, and thus, the Defendant Company succeeded to the labor relationship between D and workers.

Therefore, the Defendant Company is obligated to pay the Plaintiff the total amount of 14,905,299 won and damages for delay.

B. A separate company that has a completely different legal personality between D and the Defendant Company, the Plaintiff refused to offer and withdraw a proposal to reduce C’s benefits at the end of December 2014, and did not succeed to employment for the Defendant Company, and was employed until April 10, 2015 in the above D, so the Defendant Company is not obliged to pay unpaid wages and retirement allowances.

3. Determination

(a) Transfer of the relevant legal doctrine is a whole of the companies organized by certain business purposes, namely, the human and material organization, while maintaining its identity.