1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Facts of recognition

On September 26, 2003, the Plaintiff entered into a labor contract with C Co., Ltd. (hereinafter “C”) on the condition that the term of the labor contract is from September 26, 2003 to September 25, 2004, monthly wages of KRW 1,150,000, retirement allowances are paid after having worked for one year, and thereafter, operated 35 passenger buses from C.

On September 26, 2004, after the term of the above employment contract expires, the Plaintiff entered into an employment contract again with C on September 26, 2004, on the condition that the term of the employment contract is from September 26, 2004 to September 25, 2005, the total annual salary shall be KRW 16,332,816, and the annual salary shall be paid monthly by 12/13, and 1/13 shall be paid monthly, and when the period of the annual salary contract has been continuous, the Plaintiff continued to drive 35 passenger buses on the condition that the Plaintiff shall pay KRW 1,251,732 on the date when 12 months end by the Plaintiff’s request for settlement of accounts.

The Plaintiff received 1,150,000 won as retirement pay from the Defendant from September 26, 2003 to September 25, 2004 according to the interim settlement of retirement pay on December 16, 2004.

The plaintiff entered into an employment contract on September 1, 2005 with the defendant who merged C on September 1, 2005, when the contract term under the employment contract of September 26, 2004 expires, and was engaged in the business of operating 45 large buses.

The Plaintiff received 1,145,222 won as retirement pay from the Defendant from September 26, 2004 to August 31, 2005 according to the interim settlement of retirement pay on October 13, 2005.

From September 1, 2005, the Plaintiff was engaged in the business of operating 45 large buses as regular employees and retired on January 31, 2014.

[Grounds for recognition] A without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 through 5, 24, 25, and 26 (including branch numbers), the purport of the whole entries and arguments, and the purport of the plaintiff's assertion by the judgment party, and the plaintiff's assertion by the judgment party is the plaintiff's service for absorption C between September 26, 2003 and January 31, 2014, and thus, the defendant is the plaintiff.