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(영문) 서울중앙지방법원 2015.09.01 2015가단5018629
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. Article 107 of the collective agreement in 201 of the Defendant’s collective agreement provides that a separate special retirement allowance may be paid to an employee who is aged 15 or older and is aged 45 or older and retires before reaching the retirement age, but a separate special retirement allowance shall be separately provided for by the employer and the partnership.

B. Article 8 of the Regulations on Retirement Allowance provides for the reasons why special retirement allowances cannot be paid among quasi-retirement workers are as follows.

(1) A person who is under a request for disciplinary action against suspension or higher, or a person under a disposition of suspension or suspension from office and is in the period of restrictions on promotion under the Regulations on Punishment for Employees.

C. Around June 2012, the Defendant received an application for voluntary retirement from an employee who reaches the age of 55 on condition of payment of special retirement allowances, and the Plaintiff applied for voluntary retirement to the Defendant on or around June 18, 2012.

hereinafter referred to as the "first desired retirement"

A person shall be appointed.

D. The Defendant did not accept the Plaintiff’s desired retirement application for the following reasons.

(1) B filed a complaint on the ground that the Plaintiff conspireds with a third party in connection with the Defendant’s business to acquire B money.

(2) On November 8, 2011, the Plaintiff filed a lawsuit against the Plaintiff and the Defendant seeking damages for delay, 150,000,000 won and damages for delay, as the Plaintiff and the Defendant jointly liable for tort and the Defendant, and the first instance court rendered a judgment on June 28, 2013 that jointly with the Plaintiff and the Defendant to jointly pay 75,00,000,000 won and damages for delay.

[On the other hand, the plaintiff and the defendant appealed against the judgment of the court of first instance, and the appellate court and the court of final appeal accepted the appeal by the plaintiff and the defendant, and dismissed the claim B).

The plaintiff is again the defendant on June 17, 2013.

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