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(영문) 서울고등법원 2017.01.20 2016나2053983 (1)
채권조사확정재판에 대한 이의의 소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons why this Court uses this part of the basic facts are the same as the entry “1. Basic Facts” in the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the assertion

A. The provision on retirement consolation benefits in this case stipulates that retirement consolation benefits shall be paid in case of dismissal or reduction of the amount of retirement benefits, but the Defendants voluntarily submitted resignation and retired from employment. Thus, the aforementioned provision does not constitute the requirements for the payment of retirement consolation benefits.

B. The Defendants were to submit to the debtor company a non-voluntary resignation from office under the circumstances where the business suspension and a decision to transfer contract was made to the debtor company and no longer work is possible for the debtor company. Thus, this constitutes “when the debtor company was dismissed or reduced due to the reorganization, dissolution, business transfer, or business conversion of the debtor company” under the provisions of this case as the grounds for the payment of retirement consolation benefits.

3. This Court’s use of this part of the judgment is the same as the part on the 5th to 7th 1 of the judgment of the first instance except that the 6th 19th 6th 19th 6th 19th 6th 19th 6th 6th 6th 6th 6th 6th 6th 6th 6th 7th 6th 6th 6th 6th 6th 6th 7th 6th

4) Meanwhile, the Defendants determined the grounds for the payment and the amount of retirement consolation money by autonomous agreements between labor and management, and Article 42 of the collective agreement of the debtor company Article 42 of the collective agreement of the collective agreement of the debtor company (the prior notification and agreement at the time of the acquisition, merger, and transfer

1. When a savings bank intends to take over or merge a third party, or to transfer all or part of its business, the savings bank shall immediately inform the cooperative of its acknowledgement and obtain a consultation thereon, guarantee the participation of the cooperative as the third party subject at the time of the acquisition, merger, or transfer of business, and guarantee the employment and labor training, collective agreement, and any other agreement;

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