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1. The Defendant’s KRW 559,941,752 as well as the Plaintiff’s KRW 10% per annum from October 16, 2019 to June 26, 2020.
Reasons
1. Basic facts
A. On August 5, 2013, a part of the Defendant’s employees filed a lawsuit against the Defendant to pay the unpaid wages and interest in arrears from August 5, 2010 to September 2013.
(Seoul Eastern District Court 2013Kahap12073 Wage case, etc. (hereinafter referred to as the "instant lawsuit"). (b)
On March 2, 2016, the Defendant concluded a contract for the acceptance of business (hereinafter referred to as “instant transfer of business”) with C Co., Ltd. (hereinafter referred to as “C”) on the following terms:
Article 2.3.3. (a) When a transaction is closed in accordance with the terms and conditions of this Agreement, the buyer shall take over the seller’s liability (hereinafter referred to as “transferable liability”) as enumerated in any of the following subparagraphs exclusively or mainly related to, or arising from, a domestic business or a property subject to transfer, exclusively or mainly; and shall discharge the seller from liability upon performance of the obligation upon the due date in accordance with the terms and conditions of the obligation:
In no case shall be construed as being included in the liabilities subject to the transfer.
(iii) Of all liabilities arising in connection with the employment of the employee before or after the closing date of the transaction, wages payable periodically at certain intervals for the period prior to the closing date of the transaction, which shall not be held liable for the seller's liabilities ("transfer exclusion liabilities") excluding (a) the seller's liabilities ("transfer exclusion liabilities") with respect to the employee before and after the closing date of the transaction, including (v) the wage liabilities for which the payment deadline comes after the closing date of the transaction.
The exclusion of transfer is that the seller owns as it is, and any part of this contract is also taken over by the buyer from the seller or from this.