손해배상
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.
1. Facts of recognition;
A. From January 5, 2009, the Plaintiff served as an employee of B Co., Ltd. (hereinafter “B”) and retired on May 31, 2014.
B. A trade union established around April 1, 2008 (hereinafter “former Trade Union”) was established on and around April 1, 2008, but the old Trade Union and Labor Relations Adjustment paid a certain amount of money to the pertinent union members as he/she is walking from other union members upon retirement of the union members.
The Plaintiff was a member of the old labor union, but was expelled from the old labor union around November 201.
C. The Defendant was established on July 3, 2013 as a trade union for the employees of B.
At the time of the establishment of the defendant, the plaintiff joined as a member of the audit committee.
The Defendant’s provision on the payment of the full-time reserve provides that “The payment of the full-time reserve fund shall be made when a partner, including the full-time reserve fund, retires for at least 12 months, and the full-time reserve fund shall be determined by multiplying the period during which the union members joined the old old old old old old old old old old old old old old old old old age group by the number of months during the payment period of the full-time reserve fund by 200 won and then by the number of the union members
The defendant has collected the full amount from the members and paid them to the retired members in accordance with the above provisions for the payment of the full amount.
[Ground of recognition] Facts without dispute, Gap evidence 6, 7 evidence, Eul evidence 1, 2, and 3, the purport of the whole pleadings
2. Assertion and determination
A. The plaintiff asserted that he was a member of the defendant and retired from office in B, and the defendant is obligated to pay the plaintiff the amount of KRW 2,483,200 (=64 months of service x 200 x number of employees 194) calculated according to the period of service.
B. First of all, we examine whether the Plaintiff is eligible to receive separate payments under the provisions on the payment of separate payments.
The plaintiff retired on May 31, 2014, where 12 months have not elapsed since July 3, 2013 established by the defendant, and thus, he/she shall make a separate payment in principle.