1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 1, 1987, the Plaintiff entered a company sa, etc. (the changed company saba, saba, hereinafter “saba”), and performed the business of managing the production quantity of customers and purchasing materials from the saba production support team of the saba manufacturing support team. On September 30, 199, the Plaintiff was paid retirement allowances of 39,339,020 won upon retirement of saba, etc.

B. Since October 1, 1999, the Plaintiff joined the Defendant Company, an affiliate company of the same lot group, and retired on February 4, 2013, when performing each of the tasks as shot department stores B, C points, D Point E head, F Headquarters G head of the F Headquarters, and G point I.

C. Accordingly, the Defendant Company calculated and paid retirement allowances for the continuous employment training from October 1, 1999 to February 4, 2013, when the Plaintiff initially joined the Defendant Company.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 3, and 7, and the fact inquiry results on lot Purd Co., Ltd., and the purport of the whole pleadings

2. The Plaintiff’s assertion was transferred to the Defendant Company, an affiliate of the same group, while working on the ham, etc. on October 1, 1999 while the Plaintiff joined the ham, and the labor relationship with the shot group was not severed and continued to work. As such, the calculation of retirement pay ought to be calculated from the date on which the Plaintiff joined the ham, etc. in calculating retirement pay.

3. Determination

A. If a worker is transferred from the previous company to its affiliated company, it is not merely a type of retirement and re-employed according to the unilateral decision in accordance with the management policy of the previous company, but if the worker submitted a resignation document to the previous company by his own person and was employed in an affiliated company after receiving retirement allowances, the employment relationship with the previous company shall be terminated.

In addition, in the event that an employee was transferred to another company when he was transferred to another company, submitted a resignation certificate to the previous company and was employed by the company to be transferred to another company, this is based on the consent of the transfer, unless there are special circumstances.