A. The Defendant was established on June 28, 1976 and used the trade name “E Stock Company”, and on October 27, 2015, the representative director F as of October 27, 2015 acquired the company from the former representative director G, and was appointed as the representative director on November 16, 2015, and its trade name was changed as at the present.

The defendant and E Co., Ltd are the same legal entity because of simple replacement of management.

Plaintiff

A was employed by the defendant on April 21, 1998 and retired on March 21, 2016 while serving as the chairperson of the Trade Union and Labor Relations Adjustment. The Selection C was employed by the defendant on December 20, 202 and served as a taxi crew member while serving as the vice chairperson of the Trade Union and Labor Relations Adjustment, and retired on March 21, 2016. The Selection D was employed by the defendant on January 10, 199, while serving as a taxi crew member on March 21, 2016.

C. From October 2013, the Defendant’s management status has deteriorated rapidly due to the delayed payment of a large amount of wages to its employees. From September 2014, the Defendant filed an application for rehabilitation with the Incheon District Court 2014hap503 around November 2014, but the application was dismissed on or around November 2014. The Defendant filed an appeal with the Seoul High Court 2014Ra20547, but the appeal was dismissed on or around May 2015, resulting in the de facto bankruptcy.

Accordingly, the former representative G of the defendant, by selling a company, sought ways to preserve some of the retirement allowances in arrears for its employees, and in order to ensure smooth sale, he/she has received a written statement from his/her employees to pay the amount of the retirement allowances in arrears.

Plaintiff

On September 21, 2015, A drafted a “written consent on the adjustment of claims (wages and retirement allowances)” to the effect that “The Defendant agrees to receive the adjusted amount of 28,012,000 won out of the amount of credit 56,025,794, and waives the excess amount.”

On September 23, 2015, the appointed party C shall pay 10,000,000 won out of the amount of credit 16,761,700 of wage retirement allowances to the Defendant.