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(영문) 부산지방법원 2020.09.16 2018가단25461
임금 및 퇴직금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff is a D Co., Ltd. (hereinafter “D”) substantially operated by Defendant C around June 2006.

(2) The Plaintiff, who entered the Republic of Korea and received 2 million won per month, was paid only KRW 24.3 million from around 2008 to November 2014. Ultimately, the Plaintiff was paid KRW 2.6 million from D to December 30, 2014, but was not paid KRW 92,262,738,00, and was not paid as retirement pay. Defendant C did not receive KRW 17,166,666 as well. Defendant C was responsible for the delayed payment of wages and retirement pay to the Plaintiff and continued to provide the same business. Meanwhile, Defendant C, on the other hand, was able to request Defendant B (hereinafter “Defendant B”).

The defendant company established a company. The defendant company maintained the same purpose and contents of the business by acquiring and using D's office and business facilities as they are, and continued to employ its employees to the same position as the previous one, and thereby comprehensively succeeded to all rights and obligations of D. The plaintiff also retired on July 30, 2018 when he automatically succeeded to employment with the defendant company. The plaintiff was paid only KRW 3,618,229 out of the retirement allowances of KRW 8,958,333, and was paid only KRW 5,340,104.

Defendant Company is liable for the payment of wages and retirement allowances that D had not paid to the Plaintiff as a general successor of D, and Defendant C agreed to pay the Plaintiff wages and retirement allowances that D had not paid to the Plaintiff jointly with the Defendant Company, as well as the actual owner who actually establishes D and Defendant Company and exercises all business operations and final approval rights, and thus, the Defendants are jointly and severally liable for the obligations of each of the above corporations.

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