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(영문) 서울중앙지방법원 2020.11.10 2016가단5079485

퇴직금 청구의 소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The parties B (hereinafter “B bank”) are companies established on April 24, 1970 for the purpose of guaranteeing obligations under the Mutual Savings Banks Act and lending of funds, and the Plaintiff is working for the said companies.

April 30, 2013 is a retired worker.

B. (1) On August 25, 2011, B bank held a board of directors under the presence of C, the representative director, and decided to issue new shares (number of shares 22,742,072, issue value per share; KRW 5,000 per share; September 26, 2011; the date of subscription payment; September 28, 2011; and September 29, 201) and sent a public notice to each business store on August 29, 2011 to change the existing retirement pension plan to the retirement pension system for interim settlement of retirement benefits, and requested B bank to report the information on the account of individual employees’ deposits from the business entity by no later than August 30, 201 with the consent of its employees.

3) Next, on September 1, 2011, B Bank sent to each sales store a letter stating that “The existing retirement pension plan shall be terminated in consideration of business conditions, and shall implement interim settlement of retirement pay as of August 31, 201.” Likewise, on September 3, 2011, B Bank sent a public notice to each sales store to collect and submit an individual retirement allowance statement, interim settlement application, and letter, etc., together with the Plaintiff’s employees, including the Plaintiff. 4) signed and sealed on September 9, 201 on the consent list on the abolition of the retirement pension plan and the return of the retirement allowance system, signed and sealed the application list for payment of retirement pay, interim settlement of retirement pay and interim settlement of retirement pay, and confirmed that the retirement pay was lawfully paid, and any civil or criminal charges related thereto.