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(영문) 대구지방법원김천지원 2014.11.27 2014가단1078
합의금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant Company manufactures electronic industrial equipment, parts, etc.

On October 31, 2005, a corporation under liquidation procedures in accordance with the resolution of dissolution of the general meeting of shareholders is a corporation, and the plaintiff served as the chairperson of the defendant company's office technology and technology trade union (hereinafter "office labor union").

B. From November 2005, when the defendant company decided to dissolve, the agriculture was developed in order to re-working factories and prevent liquidation focusing on the Gu-U.S. Branch B branch of the Korean Metal Workers' Union (hereinafter "functional labor union") to which workers in technical service belong.

C. Since the long-term conflict between labor and management for the land of liquidation, negotiations for the resolution of the situation between the functional and office worker and the defendant company began, around April 2007, the defendant company paid to its employees a certain portion of the remaining property after the completion of liquidation as consolation money, constituting the asset sale committee of the number of labor and management Dongs, and on the contrary, the labor union made a provisional agreement to avoid any act that may interfere with the liquidation procedures and dissipating the agriculturality of factories.

The agreement (draft) and the evidence No. 1 No. 1-1) both labor and management shall actively cooperate for the smooth progress of the liquidation sale, and in the event that the liquidation is achieved smoothly, the company shall pay the prescribed performance money. 2) The prescribed performance money shall be paid by 10% of the balance of the liquidation (which shall be the balance stated in the basic agreement).

3) This case shall not be a legal defect under a separate contract. D. At this time, C, the president of the branch of the labor union in the technical labor union, requested the representative liquidator of the defendant company to provide the union executives with monetary support in the name of performance under the pretext of performance money, as the representative liquidator of the defendant company did not engage in the business for one year and seven months, while the representative liquidator of the labor union did not engage in the business. The representative liquidator of the defendant company requested the union executives to provide monetary support under the pretext of performance money.

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