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(영문) 광주지방법원 2015.12.18 2015나6902

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. Basic facts

A. On November 10, 2011, the Plaintiff entered into an employment contract with Nonparty C Agricultural Partnership (hereinafter “C”) and worked as a worker of Nonparty C until April 1, 2014. At the time of retirement, the Plaintiff was not paid KRW 12,985,454, total amount of KRW 8,143,2254, and retirement allowance of KRW 4,842,200, as well as KRW 12,985,454.

B. On February 19, 2014, C entered into a contract with Non-Party Incorporated Incorporated Company D (hereinafter “D”) under which C would sell each real estate listed in the separate sheet (hereinafter “instant real estate”), machinery and equipment installed therein, and equipment, shop cars, goodwill, and authorization and permission (hereinafter “instant transfer of business”). The Defendant jointly and severally guaranteed D’s debt under the instant transfer of business.

C. At the time of the instant contract for the transfer of business, the sales price of KRW 435,00,00 for land; KRW 1,277,00,000 for buildings; KRW 1,534,00 for machinery and equipment; KRW 10,000 for holding vehicles; KRW 3,744,000 for operating rights and authorization rights; and KRW 7,000 for total payments of KRW 250,000 for down payment; KRW 6,150,611,00 for intermediate payments and intermediate payments of KRW 1,27,00 for buildings; KRW 1,534,00 for machinery and equipment; and KRW 1,534,00 for machinery and equipment; and KRW 3,744,00 for operating rights and authorization rights; and KRW 7,000 for employees including the Plaintiff’s retirement allowances agreed to pay the remainder in cash on April 30, 2014.

In order to implement the instant contract for the transfer of business, C and D entered into a sales contract for each of the instant real estate on February 20, 2014, and completed the registration of transfer of ownership under the name of D as the main registry office of the Gwangju District Court No. 3957.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, and 4 (including provisional number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant shall be DNA unless there are special circumstances.