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(영문) 서울남부지방법원 2018.01.23 2016가단206523
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation whose business purpose is to produce and sell electronic parts, electronic pets, and model products, and Defendant D is the representative director of the Defendant Co., Ltd., and the Plaintiffs are the employees of the Defendant Co., Ltd., the employees of the Defendant Co., Ltd.

B. The Defendant Company operated a small-scale prefabricated with 8 production workers (including 7 members, 1 non-members) including the Plaintiffs in total of 5,452m2 and 1,277m2 in Geumcheon-gu Seoul and 1,27m2 in the above G factory site, and 1 m2 in the warehouse building building (hereinafter “Hdong factory”).

C. On May 28, 2015, the Defendant Company promoted the sale of Hdong factory on the ground of the deterioration of the above Hdong factory building, management rationalization, etc., and completed the registration for transfer of ownership by purchasing the Geumcheon-gu Seoul International Building J heading (hereinafter “alternative factory”) of KRW 350,000,000,000, and selling Hdong factory to K on September 11, 2015.

On September 17, 2015, Defendant Company notified workers, including the Plaintiffs, to work at a substitute factory from October 12, 2015.

E. However, the members of the headquarters of Defendant Company, including the Plaintiffs (hereinafter “Plaintiffs, etc.”) opposed to the relocation of the factory of Defendant Company, engaged in strike from December 10, 2015, and continued to use the labor union operation room established within the Hdong factory in the course of strike (hereinafter “instant labor union operation room”).

F. On December 28, 2015, Defendant Company requested the Korea Electric Power Corporation to terminate the electric utility use contract concluded with the Korea Electric Power Corporation for the Hdong factory, and on January 2016, the electric power supply was suspended at Hdong factories, including the instant Trade Steering Office.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 3, Eul, 8, 12, 15 (including provisional numbers), and arguments.

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