1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The defendant is a juristic person who is engaged in painting and other prohibited business, and the principal testing company (hereinafter referred to as the "principal testing company") is a juristic person who is engaged in the business of manufacturing steel products.

Plaintiff

The designated parties and the Plaintiff and the designated parties D, who were employed in the principal test, worked from November 1, 2015, respectively, and from December 5, 2015, the designated parties B and C were employed in the principal test.

B. While the Plaintiff and the Appointors provided labor in December 2015 according to the labor contract with the Telecommunication, the Plaintiff did not receive KRW 4,000,000 in the wages of December 2015 for the Plaintiff, KRW 4,500,00 in the Appointors B, KRW 3,200,00 in the Appointors C, and KRW 2,963,566 in the Selection.

C. On December 27, 2015, the Defendant entered into a contract for the acquisition of business and the acquisition of business (hereinafter “this case’s acquisition of business”) on and around December 27, 2015, and maintained the identity of workers, facilities, goodwill, etc. who were in the intersection, and was transferred from the intersection.

Plaintiff

The Plaintiff retired from office on January 5, 2016, and the Selection B on December 29, 2015, and the Selection C on February 29, 2016 respectively retired from the Defendant on May 31, 2016.

【In the absence of dispute, the ground for recognition, Gap's evidence Nos. 1 through 6, Eul's evidence Nos. 1 and 2 (including a serial number), the testimony of the witness E at the trial, the inquiry of the fact of the first instance court's Busan Regional Employment and Labor Agency's Busan Regional Employment and Labor Agency's fact-finding, the purport of the whole pleadings

2. Determination

A. On December 27, 2015, the Defendant entered into the instant business takeover agreement and maintained the identity of the employees, facilities, and business rights, etc. of the teachers and employees who were in the teaching test from the teaching test, and received the transfer from the teaching test. The fact that there still existed a labor relationship between the Plaintiff and the designated parties as of December 27, 2015, the date of the instant business takeover, as seen earlier.

Therefore, the defendant is a principal offender, the plaintiff and the defendant.