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(영문) 대구지방법원 2018.10.25 2018나2279

임금

Text

1. Revocation of the first instance judgment.

2. The plaintiffs' claims against the defendant are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. From March 2015 to October 22, 2015, the Defendant operated Lestop (hereinafter “I”) with the trade name “I” in Daegu Suwon-gu H from March 22, 2015. The Defendant’s representative entered into a joint project agreement with K on March 14, 2015 and agreed that J would take charge of operating and managing I’s workplace and funding.

B. The Defendant, under the name of “G ABABBBBBA”, announced employment to recruit workers who will work in I, and the Plaintiffs concluded a labor contract with the Defendant between April 2, 2015 and October 22, 2015, respectively, with the introduction of Plaintiff A who entered the said employment notice or for the first time. Around each time, the Defendant worked in I from around 2015 to October 22, 2015.

C. On October 23, 2015, J, while suspending I’s business, comprehensively transferred the assets, liabilities, rights, and obligations related to I to K, and the J entered into a contract for termination of the business with K with the content that J comprehensively transfers to K the assets, liabilities, rights, and obligations related to I, and that J shall pay K the amount of KRW 47 million with the settlement amount, and that J shall not be obliged to compensate for the said amount in addition to the settlement amount.

In addition, between K and K on October 23, 2015, the wife M and K drafted a letter of undertaking to transfer to K all labor-related materials, including the I’s account book, a copy of the employment contract, a copy of the passbook, a copy of the passbook, and a ledger of wages.

(hereinafter referred to as the “instant transfer of business” by covering the contract for termination of the business and the contract for the transfer of business following the preparation of a letter of undertaking.

K On October 23, 2015 under the instant contract for the transfer of business, after acquiring I’s business from J on October 23, 2015, K operates a restaurant with the same type of business as “L” in the same name from the place where I was located at that time (G in Daegu Suwon-gu H). The Plaintiffs who worked in I continued to work in L.

E. On November 1, 2015, K drafted a new employment contract with the Plaintiffs respectively, and K extends up to four times between around October 25, 2015 and around November 2, 2015.