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(영문) 서울중앙지방법원 2020.10.20 2014가단5254664
퇴직금 청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D Co., Ltd. related to the parties (hereinafter “D”) is a company established on April 24, 1970 for the purpose of guaranteeing obligations under the Mutual Savings Banks Act and lending of funds, and the plaintiffs are employed in the above company.

Workers who retired after August 31, 201 are those retired.

B. At the time of August 25, 201, D held a board of directors under the presence of E, the representative director as of August 25, 201, and decided to issue new shares (number of shares 22,742,072 shares, issue price of KRW 5,000 per share, September 26, 201 of the subscription date, and September 28, 2011 of the subscription date), and D, operating a retirement pension plan as of September 29, 201 of the subscription date, sent a public notice to each business store on August 29, 2011, and submitted a request for information on the payment account of individual employees of the retirement pension plan to make interim settlement of retirement benefits. As such, D, with the consent of its employees, sent the existing retirement pension plan as a management support team by no later than August 30, 201, and requested information on the payment account of individual employees of the retirement pension plan.

3) Next, on September 1, 2011, D sent to each sales store a letter stating that “The existing retirement pension plan shall be terminated in consideration of business conditions, and the interim settlement of retirement allowances shall be implemented as of August 31, 201,” and as of September 3, 2011, D sent a public notice to each sales store, so D sent the list of individual retirement allowances, interim settlement of accounts, and documents, etc. to collect and submit both individual retirement allowances and interim settlement of accounts. 4) On or before and after the beginning of September 2011, D’s employees, including the Plaintiffs, signed and sealed the written consent list on the abolition of retirement pension plans and the return of retirement allowances system, signed and sealed the application list for payment of retirement allowances, interim settlement of accounts, and interim settlement of retirement allowances, and any civil or criminal objection related thereto.

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