1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

1. Facts of recognition;

A. On March 4, 1998, the Plaintiff joined D Co., Ltd. (hereinafter “Nonindicted Company”).

B. On December 19, 2006, the non-party company filed an application for commencing rehabilitation procedures and rendered a final decision of rehabilitation procedures on January 9, 2007, and on June 15, 2007, respectively. The above rehabilitation procedures were abolished on May 15, 2014, and the non-party company rendered a final decision of bankruptcy on May 30, 2014.

(Seoul Central District Court 2006Kahap17, Seoul Central District Court 2014Hahap98, c).

On March 28, 2014, Defendant Company (hereinafter “Defendant Company”) purchased from Nonparty Company F and seven parcels of land and its ground factories (hereinafter “instant real estate”) from the non-party Company, and engages in the manufacture, sale, etc. of fiberss from the instant real estate.

On June 1, 2014, the Plaintiff retired on August 31, 2018 while serving as a member of the Defendant Company.

[Ground of recognition] Facts without dispute, Gap 1-4, 11 evidence, Eul 1 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant Company’s obligation to pay the unpaid wage amounting to KRW 28,800,00 to the Plaintiff (from November to August 2017) on the claim for wages does not conflict between the parties.

B. 1) The summary of the Plaintiff’s claim for retirement allowance is that the Defendant Company transferred the business from the non-party company to succeed to the labor relationship with the Plaintiff. The Defendant Company, which is substantially identical to the non-party company, took the form of acquiring the business assets by the Defendant Company, the substantially identical type of the company in order to evade the debt of the non-party company. Therefore, in accordance with the legal principle of transfer of business or denial of legal personality, the Defendant Company is obligated to pay the Plaintiff a retirement allowance of KRW 64,194,846, including the Plaintiff’s working period on the non-party company (i.e., the number of working days on the non-party company, 7,484 days, and 9.6 million won