1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. From December 1, 2012, the Defendant has operated an intra-company subcontractor of the D Co., Ltd. with the trade name “C”.

B. The Plaintiff has served as the warden in the “C” operated by the Defendant.

C. On April 6, 2015, the Defendant entered into a business transfer and takeover contract with the Plaintiff (hereinafter “instant contract”). D.

The main contents of the instant contract are as follows.

The purpose of this Agreement is to have the transferee (Plaintiff) take over all rights and obligations concerning the business of D(Defendant) Company C, which is managed and operated by the transferor (Defendant).

Total amount of transfer of assets: The date on which the transferor transfers the entire business of KRW 200,500,000 (200,500,000) shall be April 1, 2015, and the transferee shall pay the total amount of the transfer by the date on which the transfer of business is completed.

Since the transferor pays wages, retirement allowances, annual amounts, and other payments incurred before the date of transfer to all employees ( April 1, 2015), and the employment contract between the previous transferor and employees is terminated on the basis of the date of transfer, the transferee confirms that the former employees can continue to work by acquiring all the employees through new employment (the original office and other payment criteria).

Provided, That with respect to a continuous service who is less than one year, the transferor is exempted from the obligation to pay retirement allowances and annual allowances, and the transferee is entitled to the payment of retirement allowances and annual allowances by recognizing the total number of years of continuous service worked at the previous transferor's company after the transfer of business and recognizing the retirement grounds for retirement, etc.

★ 2014년도 년차비 확인 (2014년도 발생년차 - 2015년도 사용년차 = 2014년 년차비) 총 금 사천일백만 원(41,000,000원)을 양도인이 양수인에게 지급하고, 양수인은 고용승계된 종업원의 2014년도 발생년차를 2015년에 사용할 수 있도록 하고 미사용 년차에 대하여 2016년 1월에...