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(영문) 인천지방법원 2016.09.23 2015가합5831
합의금등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) is a corporation with the purpose of manufacturing and selling various kinds of paints, and the Plaintiff’s National Chemical Textiles Industry Trade Union (hereinafter “Plaintiff Union”) is an primary business-level trade union consisting of workers working in the chemical and textile system, and Plaintiff A Co., Ltd. (hereinafter “Plaintiff B”) is an association established with the aim of improving the economic and social status of workers and promoting labor-management cooperation by acquiring and holding the shares of the Defendant Company.

B. Around September 22, 2014, Defendant Company delegated all of its authority regarding collective bargaining to Defendant C, the president.

C. As a result of negotiations made between D and Defendant C entrusted by the representative director of the Plaintiff Company E, the Plaintiff and the Defendant Company concluded a written agreement by concluding collective negotiations on December 31, 2014 between the Plaintiff Company and the Defendant Company.

The contents of this Agreement shall be as follows:

1. Various amounts unpaid during the period of rehabilitation shall be paid until February 28, 2015;

1) 80,362,860 won for the remaining annual settlement of accounts in 2013 (2) school expenses (2,3,4 quarter, 2014) 58,536,450 won for the maintenance of vehicles (3) 9,973,00 won for the maintenance of vehicles (5, 2013 - April 2014) 3), 20,000 won for gifts (20,000 won for the 2013 anniversary, 2014)

2. The amount to be returned during the rehabilitation period shall be the total of KRW 134,95,790 from August 2013 to January 2014.

1) Payment of the returned benefits of 15,917,100 won in February 2014 to the 2015 order of 2015) 21,222,620 won in March 2014

D. On January 21, 2015, Defendant C drafted a written agreement with D and delegated by the representative of the Plaintiff Union (hereinafter “instant agreement”).

The contents of the instant agreement are as follows.

In order to maintain and develop the company between the company and the trade union, B association was established.

In the course of corporate rehabilitation, it has been difficult to overcome the difficulties of the company.

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