1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The costs of lawsuit shall be assessed by adding a principal lawsuit and a counterclaim;

1. Basic facts

A. On March 29, 1993, the Plaintiff joined the Defendant Company C (hereinafter “Nonindicted Company”) and worked for the Defendant Company on July 1, 200, and retired on June 30, 201, the Plaintiff retired from the Defendant Company. The Defendant paid KRW 56,741,720 to the Plaintiff for the period during which the Plaintiff had worked for the Defendant Company (from July 1, 2000 to June 30, 201).

B. Meanwhile, at the time of the transfer of this case, the non-party company and the defendant were affiliated companies of the so-called E group where D is a major shareholder (chairperson).

[Ground of recognition] Unsatisfy, A6-1,2, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion of this case was made with the Plaintiff’s unilateral instruction from the D Chairperson without the Plaintiff’s consent, and is not so invalid as well as domestic affairs.

In light of the fact that the Plaintiff did not intend to terminate the previous employment relationship with the non-party company at the time of the transfer of the instant case, and the Plaintiff did not submit a resignation certificate to the non-party company or conclude a new employment contract premised on the Defendant company’s membership, and did not receive retirement allowances corresponding to the period of service in the non-party company, the previous employment relationship in the non-party company should be deemed to

Therefore, the defendant is obligated to pay the plaintiff a retirement allowance of KRW 46,050,889 corresponding to the period of service in the non-party company.

B. In principle, the transfer of the employee to another company that he/she employs and has the employee engage in another company's business takes effect with the consent of the employee. Such transfer is an agreement on the employment relationship with the previous company and a new employment contract is concluded between the company to be transferred to another company. Thus, in cases where the effective transfer has been made, there is a special agreement between the parties to succeed to the employment relationship with the previous company.