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(영문) 서울중앙지방법원 2020.08.20 2019가합544012
약정금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. 1) The defendant is a corporation engaged in alcoholic beverage trade, alcoholic beverage sales and distribution business, etc., and S Co., Ltd. (hereinafter “S”).

(1) The Defendant and S are corporations that are engaged in the import, manufacture, distribution, sale, and export, etc. of alcoholic beverages in the Republic of Korea. Both the Defendant and S are corporations in a special relationship governed by T. The Defendant are U Co., Ltd. (hereinafter “U”) around May 9, 2006.

) From the perspective of “V”, “W” comprehensively acquired the business related to the import, sale, etc. of products, and succeeds to the existing position in the “joint expense settlement service agreement concluded between S and U.”. Under the above joint expense settlement service agreement, S and U have settled the amount of indirect expenses incurred by each company. Accordingly, the Defendant and S have jointly used office space, such as the office located in the Defendant’s domicile, and jointly used business organizations such as personnel team, public relations team, legal team, and financial team and business organizations such as the personnel management team, and the employment of new human resources has been in the way of granting the affiliation of one of the two companies as required by one of the two companies. In addition, X (hereinafter “X”).

(2) On March 8, 2019, the Plaintiffs were employed by U or Y Co., Ltd. and were employed by the Defendant or S, and retired from office on the same day.

B. On January 2019, the Defendant, according to the first desired retirement program, decided to sell the “V” of the above skiing brand to the Z stock company due to the aggravation of the body and management status of the above skiing market.

According to such business scale reduction, the defendant will promote the reorganization of the business structure including the reduction of not less than 100 large-scale human resources, and on January 22, 2019, it is early for all full-time employees of the defendant and S.

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