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(영문) 인천지방법원 2015.08.13 2014가합12320
고용승계이행
Text

1. The defendant expressed his intention to employ the plaintiff (appointed party) and the appointed party.

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

Reasons

1. Basic facts

A. The party status and C’s rehabilitation commencement 1) C Co., Ltd. (hereinafter “C”)

The company is established on March 25, 1966 and engaged in the automobile sales business and construction business, and the plaintiff (appointed parties) and the designated parties (hereinafter referred to as the "Plaintiffs").

(2) On July 29, 201, C filed an application for commencement of rehabilitation proceedings with the Seoul Central District Court on July 29, 2011, and the Seoul Central District Court decided to commence rehabilitation proceedings on August 10, 201, and subsequently decided to authorize the rehabilitation plan on December 9, 201.

(3) At the time of the authorization of the instant rehabilitation plan, there were 301 executives and employees of C in total, and 131 executives and employees in the automobile sales business sector, respectively. (b) Division 1 of the company under the rehabilitation plan included the content that the instant rehabilitation plan is divided into three companies, namely, Defendant A Company B (i.e., Defendant A Company from the first C Company to the second Company; hereinafter the same shall apply), Defendant B Company B (hereinafter the same shall apply), and Defendant B Company (hereinafter referred to as “B Company”), and Defendant E Company (hereinafter referred to as “sick Company”).

2) On December 19, 201, according to the above rehabilitation plan, the bus selling company was divided into the bus sales business sector and the construction business sector from C on December 19, 201, and as a bus selling company, the Defendant and the construction company divided into two separate sections. The surviving company succeeded to the remaining business division of C except the business sector transferred to the newly incorporated company on December 20, 201 (hereinafter “instant corporate division”).

3) Meanwhile, with respect to the succession of employees, the instant rehabilitation plan stipulated as follows.

Summary of the rehabilitation plan

4.(1) The company A newly incorporated for the succession of employees and the division of retirement allowances shall employ all employees who work in the bus sales sector, which is operated as of the division date.

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