1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff Company is a corporation established on December 18, 2017 and engaged in elevator maintenance business, etc., and C, as the representative director of the Plaintiff Company, served in D (hereinafter “Nonindicted Company”) until the Plaintiff Company is incorporated.

The non-party company is a corporation that manufactures, repairs, or installs elevators.

B. On October 1, 2011, the Defendant joined the non-party company and worked in the Dong company before the incorporation of the Plaintiff company. From December 22, 2017, immediately after the establishment of the Plaintiff company, the Defendant served in the Plaintiff company and retired on November 30, 2018.

After the withdrawal of the plaintiff company, the defendant re-entered the non-party company.

C. On December 3, 2018, the Plaintiff Company prepared the Defendant’s retirement allowance statement. The Defendant’s retirement allowance statement was written on October 1, 2011; the date of retirement was written on November 30, 2018; and the period of continuous service was written on July 30, 2018; accordingly, the amount of retirement allowance paid after deducting income tax, etc. was written on KRW 27,722,200.

Plaintiff

On the same day, the Company paid 10,000,000 won out of the above amount to the Defendant.

On January 30, 2019, the defendant filed a petition with E on January 30, 2019 against the Plaintiff Company’s retirement allowance payment to the Busan Eastern District Office, but the above institution concluded that there was insufficient evidence on the Plaintiff Company’s employment succession and that there was no violation.

On the other hand, on February 18, 2019, six workers, who worked in the non-party company at a time similar to the defendant, transferred to the plaintiff company, were real cases due to the non-party company's annual allowance and retirement allowance unpaid, the Busan Regional Employment and Labor Agency issued corrective orders by recognizing the non-party company's violation of the Guarantee of Workers' Retirement Benefits Act, and the non-party company paid all retirement allowances, etc. to the workers around May 17, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, objection.