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(영문) 서울중앙지방법원 2015.10.06 2015가합537603
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 10,067,332 and the interest rate of KRW 20% per annum from January 30, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 15, 1989, the Plaintiff is a corporation established separately and independently from the Korean Federation of Passenger Transport Business Associations (hereinafter “Tax Association”) composed of corporations and private taxi transport business associations throughout the country.

On January 29, 1993, the Plaintiff entered into an agreement with the taxi federation and was comprehensively transferred the human and material facilities of five individual branches of the taxi federation.

The employees who worked in the above individual branch including the defendant were changed from February 1, 1993 to the plaintiff regardless of their intention.

B. The taxi federation and the Plaintiff had employees working in the above individual branch submit a resignation letter as of January 31, 1993, and had them take the form of joining the Plaintiff as of February 1, 1993.

The taxi federation paid retirement allowances calculated on the basis of January 31, 1993 in a lump sum, and the plaintiff thereafter calculated the date of entry as above from February 1, 1993 when the retirement allowances of the retired employees were settled.

However, the submission of the above resignation and the receipt of retirement allowances have gone through the form of retirement and re-admission by the unilateral decision of the company, and thus, the decision of the Supreme Court concerned that there is no validity as a false declaration of intention or a false declaration of agreement, and thereafter the calculation of retirement allowances based on the date of entry of the taxi federation. However, the retirement allowances paid when the company is changed to the plaintiff was adopted

C. After joining the taxi federation on March 1, 1987, the defendant is a person whose affiliation is changed to the plaintiff on February 1, 1993.

Plaintiff

The Disciplinary Committee decided to dismiss the defendant as of November 26, 2014, and November 28, 2014, and notified it to the defendant. D.

Retirement allowances, taxes and public charges, employee loans, etc. paid from the retirement allowances from the defendant's taxi federation to the retirement from the retirement allowances from the taxi federation (hereinafter referred to as "old retirement allowances").

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