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(영문) 서울중앙지방법원 2016.04.07 2015가합511137
손해배상(기)
Text

1. The plaintiff B's claims and the plaintiffs' primary claims except the above plaintiffs and preliminary claims are all made.

Reasons

1. Basic facts

A. Business transfer 1) F Co., Ltd. (hereinafter “F”);

(2) On November 4, 2013, the board of directors decided on September 23, 2013 to take over the part of the fashion business from H Co., Ltd., an affiliate company of the group (hereinafter “I”), and on November 4, 2013, the board of directors transferred to I (hereinafter “I”) the whole building management business of the E&A business division, E&A business division (building management, landscaping, construction business), and the leisure business division (i.e., golf business division).

Accordingly, F entered into a contract for the transfer of business (hereinafter “instant transfer of business”) on November 4, 2013 with I and E&A companies, and on January 10, 2014, F transferred I all business of the building management sector to I.

The instant contract for the transfer of business is stipulated as follows as to the employees subject to the transfer and the employees subject to the transfer.

1. As of the date of the conclusion of this Agreement, the transferor will transfer the employment of employees belonging to the present business to the transferee, and the transferee will succeed to the employment of such employees, and shall make every effort to do so.

(2) The details of the employee who actually succeeds to employment (hereinafter referred to as the “employee subject to succession”) on the date of the closing of transaction among the employees succeeding to succession are listed in attached Form 2.5.5.(b).

The transferor shall provide the transferee with the attached Form 2.5 (b) and the written consent of succession prepared by the employee subject to succession, no later than three business days prior to the closing date of the transaction.

[Contract 2.5.(b) 3F changed its trade name to H Co., Ltd. on July 4, 2014, and around September 2, 2015, the merger of A Co., Ltd. on September 2, 2015 is the current trade name.

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