1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 4, 2009, the Plaintiff joined C Co., Ltd. (hereinafter “C”) and worked as a taxi driver, and worked as a taxi driver, the Plaintiff joined the Defendant Branch in accordance with the U.S. shop agreement between C and the Defendant Branch.

Since July 1, 2011, the establishment of multiple labor unions was permitted in accordance with the amendment of the relevant Act. C was established in addition to the Defendant Branch, and the Plaintiff left the Defendant Branch and joined the new labor union on September 18, 2017.

B. On the other hand, C and D drivers, who used a garage on January 2000 together, operated the separate fund system for mutual harmony and friendship, and the separate fund system for the payment of subscription money to subscribers as financial resources. On September 2004, each company was separately decided to separate the separate fund, and 4,620,000 out of the remaining separate funds was divided into C.

C. C Driving workers are operating a separate payment scheme (which refers to “retirement reserve scheme” while separation; hereinafter “retirement reserve system”). The main contents of the retirement reserve system signed by drivers including the Plaintiff are as follows.

1. The retirement reserve funds shall be currently in service in C, and shall aim at creating a site for harmony and friendship between the co-ordinations;

2. In principle, the retirement reserve shall be paid to a member who currently serves C, after deducting the principal from his/her own benefits at the time of his/her retirement;

4. In principle, a new participant shall be obligated to sustain;

In addition, a member who has joined does not withdraw even if he/she withdraws.

5. Persons eligible for the payment of the retirement reserve fund shall be paid only to one year or more.

(Provided, That this shall not apply to those who retire less than one year). 6. Retirement reserve funds shall be deducted 20,000 won from monthly salary as C members.

7.In implementing the accumulation of the retirement reserve, the reserve shall not be less than the reserve amount (not less than three months) for transparency (not less than three months). 8. When the retirement reserve amount is set aside, it shall be present.