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(영문) 대구지방법원 2015.01.07 2014고정1758
근로자퇴직급여보장법위반
Text

The defendant shall be innocent.

Reasons

A. The Defendant requested H to sell the pertinent private teaching institute due to difficulties in its management, and the Defendant and H agreed to pay the Defendant the Defendant’s fees, etc. for the use of the said private teaching institute with the money that was sold to the said private teaching institute.

Accordingly, H entered into a contract with J on December 13, 2012 as the broker of I for the following terms:

However, at the time of the preparation of the above sales contract, H and the Defendant did not attend, and there was no separate discussion between the Defendant, H and J on the succession of employment to the workers of the instant private teaching institute.

A contract of a driving school

1. Seller: Buyer of H (K or below omitted): J (L or below omitted);

2. Sale details: 70 persons, all of the equipment and facilities of the current D Private Teaching Institutes, and the original students of the Institute.

3. Sale amount: An amount equivalent to 1.5 times the total amount of the original tuition fees agreed upon: An amount equivalent to 1.5 times the total amount of the original tuition fees: an amount remaining after excluding the down payment and the intermediate payment, out of the total amount sold ( January 10, 2013): The remainder ( January 17, 2013).

4. Transfer date: A special agreement on January 10, 2013 * The seller has deferred the payment of the lease deposit for the buyer for one year, and the buyer shall pay to the seller the amount of interest on the first installment per month.

* The balance balance shall be settled after deducting monthly tuition fees from the transfer to the payment of the balance.

(3) On January 8, 2013, the Defendant notified the instructors of the instant driving school of the transfer of the private teaching institute.

On January 10, 2013, the Defendant received a request from J that “If there are a large number of students, the students are far away,” and that the students should work as much as possible. On the same day, the Defendant provided the instructors (including E, F, G) and meals of the said private teaching institute, and stated to J that “the terms and conditions of the instructors’ salaries should not be improved.”

(4) As of January 10, 2013, J received the instant private teaching institute as of January 10, 201, and until January 31, 2013, the said private teaching institute’s existing class hours, instructors, etc.

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