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(영문) 인천지방법원 2018.03.28 2017나62900

임금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (i) the judgment of the court of first instance on the cause of the claim under paragraph (2) and 3.A.

The part of “judgments” in paragraph 2 shall be cut as follows, and the Defendant B, “B,” or “B,” “B,” and “B,” on September 31, 2015, “B, at the eighth bottom of the judgment of the first instance,” and “B,” on September 30, 2015, is the same as the reasoning of the judgment of the first instance, except for adding the following judgments:

2. The part to be mard;

A. Of the judgment of the first instance, the part concerning “determination on the cause of claim” as referred to in paragraph (2) 1) and the transfer of business under the Commercial Act mean a company organized for a certain business purpose, i.e., the transfer of human and physical organization as a whole while maintaining its identity (see Supreme Court Decision 2011Da45217, May 10, 201). Such transfer of business does not necessarily necessarily mean an express contract between the parties to the transfer of business and is possible under an implied contract (see Supreme Court Decision 2007Da17123, 17130, Jan. 15, 2009). In addition, when the business is comprehensively transferred, the employment relationship between the transferor and workers shall also be comprehensively succeeded to the transferee (see Supreme Court Decision 93Da3173, Jun. 28, 1994).