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(영문) 대전지방법원 2014.03.26 2013가합7879
해고무효확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is the party in Daejeon and Yongcheon using approximately 80 full-time workers at each location in Daejeon Branch (hereinafter "Sacheon Branch"). The defendant refers to the business of manufacturing and selling genetic chips and the business of manufacturing and selling genetic products at the Youngcheon Branch (hereinafter "Yacheon Branch") with a diameter of about 5.5m to 5m in diameter. The normal diameter of the ship's products is about 10-20m in diameter, and the line with a relatively large diameter is about 10-10m in diameter, but most of them are a bowling-type product with a strong length of about 1m.

The plaintiffs are the workers dismissed on January 29, 2013 when they were employed as production workers at the defendant's Youngcheon Business Place.

B. The Defendant’s establishment and merger process 1) was first established in the name of L Co., Ltd. in 1976. The Defendant relocated its headquarters in 1994 to Yongcheon, and M Co., Ltd. in 199 (hereinafter “M”).

) The trade name has been changed to another one, and K Co., Ltd. (hereinafter referred to as the "Gu K") such as the current trade name in 2005.

In the process of incorporating M into an affiliate, N andO, the major shareholder of M, and the major shareholder of the former K, in the process, drafted the annexed agreement on October 17, 2005, and the main contents of the annexed agreement are as follows. ① The major N of M andO of the former K shall be merged into two corporations after M become the complete parent company of the former K in accordance with due process at an appropriate time. ② Even after the merger, M and the former K shall be operated as the part of the business having the identity of M and the former K in the process of the merger. ③ The former M and the former K can be separated based on the existing business parts of M and the former K in an appropriate manner, such as corporate division (personal or physical) and transfer or acquisition by transfer, etc., through due process at the request of one of the corporations. ② The defendant can be divided based on the existing business parts of M and the former K in an appropriate manner.

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