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(영문) 의정부지방법원 2019.05.16 2017나209991

퇴직금 반환청구의 소

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1. The judgment of the court of first instance is modified as follows.

The primary defendant B is 27,438,547 won and this.

Reasons

1. Facts of recognition;

A. Defendant C engaged in wholesale business, including lubric oil, in the trade name “E” (hereinafter “previous business entity”) in “Y” in Seoyang-gu Busan Metropolitan City D.

From July 25, 2006, the Plaintiff worked for the previous company as a business employee.

B. On March 9, 2015, Defendant C acquired business facilities, inventory, etc. of the previous companies, Defendant B registered the business of lub oil retail and commenced the business with the trade name of “F” at the same place as the previous businesses.

(hereinafter referred to as “new enterprise”) Defendant B’s business.

On the other hand, while working for the previous businesses, the Plaintiff, G, H, I, and J prepared a labor contract with Defendant B on March 10, 2015 after the business registration of Defendant B, and had the new businesses serve as business employees, etc.

Defendant C also possessed the name of “F Company Representative C” and continued to operate the business at a new business entity.

The plaintiff was retired from a new enterprise on April 5, 2016.

E. Defendant B paid KRW 3,413,508 to the Plaintiff as retirement allowances for work from March 11, 2015 to April 5, 2016.

[Ground of recognition] Facts without dispute, Gap 1, 5 evidence, Eul 1, 2 evidence, Eul 7, 10, 15, 16 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim against the main defendant B

A. The gist of the plaintiff's claim is that the plaintiff succeeded to a labor relationship with the plaintiff by transferring his business from the defendant Eul. The plaintiff asserts that he is obligated to pay retirement allowance of 27,438,547 won and delay damages to the plaintiff, including the plaintiff's previous business period.

B. The decision of this Court 1 is that the transfer of the business to which Defendant B succeeded to a labor relationship is a company organized for a certain business purpose, i.e., the human and material organization, while maintaining its identity.