퇴직금청구의소
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
Defendant Company, FF, G, and H Co., Ltd. (hereinafter referred to as “stock company”) were all affiliates of I engaged in the manufacturing and distribution of clothing.
Plaintiff
A was employed in F on September 1, 2002, and F was merged into G on December 31, 2008, and the labor relationship was succeeded to G on November 4, 2010, and retired from the Defendant Company on July 31, 2015.
Plaintiff
C was a member of F on July 23, 1998, but transferred to H on March 1, 2007. On August 19, 2008, H was merged into a defendant company, employment was succeeded to as the defendant company, and retired from the defendant company on November 10, 2014.
Plaintiff
D was a member of F on April 14, 2003, but was transferred to G on February 1, 2008, and was transferred to Defendant Company on October 2, 2010, and retired from Defendant Company on November 30, 2013.
I affiliate has been operated by J, and currently continues to exist through the rehabilitation procedure for the defendant company and all other affiliates have been closed.
On March 25, 2015, the Defendant Company concluded the rehabilitation procedure on February 3, 2016, and in this process, the J lost its management right and K as its current representative director is running.
【In the absence of dispute over the grounds for recognition, Gap’s evidence Nos. 2, 3, 9, 10, 15, 16, Eul’s evidence Nos. 1, 11, and 12 (including paper numbers), and all of the plaintiffs asserted in the purport of the whole pleadings were employed in F, and they were finally employed in Defendant Company through I’s affiliate due to absorption, merger, transfer, etc.
I transferred the plaintiffs to F from F to its affiliate or defendant company without the consent of the plaintiffs. Therefore, the defendant company should pay retirement allowances for the period during which the plaintiffs served as F.
Plaintiff
A During the period of service in F (from September 1, 2002 to December 31, 2008), retirement allowance of 11,842,926 won for the period of continuous service from September 22, 2002 to June 30, 2006, and Plaintiff C shall be H from July 23, 1998, who entered F for the period of continuous service with F. < Amended by Presidential Decree No. 17517, Jul. 23, 1998>