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(영문) 서울고등법원 2011.12.23 2010나124917
손해배상
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs in attached Form 1 corresponding to the money ordered to be paid below.

Reasons

1. Basic facts

A. Defendant Daewoo Automobile Sales Co., Ltd. (the Defendant taken over the instant lawsuit during the course of the trial as seen below; hereinafter “Treatment Automobile Sales”) in the first instance trial is a company that runs the automobile sales business.

Before the company division as seen below, the Daewoo Motor Vehicle Sales consists of the parts of the car sales sector, the construction sector, and the head office management. In other words, the automobile sales sector consists of direct passenger sales sector, the agency sales sector, the truck sales sector, the bus sales sector, the bus sales sector, and the import tea sales sector, but the Plaintiffs have been performing the business of direct passenger sales among themselves.

B. On September 29, 2006, Daewoo Motor Vehicle Sales decided to divide the company division into the direct passenger sales sector with the accumulated personnel of the direct passenger sales sector, and the direct passenger sales sector with the lowest profits at the time and the special sales sector (hereinafter “instant corporate division”) among the agency sales sector with the highest profits (hereinafter “the instant company division”), and to establish the “dibb B&P direct sales company” (hereinafter “new company”).

Accordingly, the Daewoo Motor Vehicle Sales was established on October 1, 2006, and completed the corporate division registration on October 11, 2006.

C. On September 28, 2006, the representative director of the Daewoo Motor Sales and the newly established company confirmed the following by issuing a certificate to the Daewoo Motor Sales Trade Union organized by employees belonging to the Daewoo Motor Sales Co., Ltd. (hereinafter “the instant trade union”).

The employees who work in the business division subject to division as of the date of division due to the division of this case shall be succeeded to the newly incorporated company.

A newly established company shall succeed to all employment relationships and working conditions of workers leaving their jobs from the sale of treatment motor vehicles as at present.

The Daewoo Motor Vehicle Sales and New Establishment Company shall have this effect.

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