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(영문) 대전지방법원 2019.07.17 2018가합108043
임금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “division”) is a company established on December 23, 1998 with its business purposes such as the development and supply of system software, etc., and is a company incorporated on December 23, 1998 including the Plaintiff (Appointed Party)

1. The designated parties indicated in the list of the designated parties (hereinafter referred to as the “Plaintiffs”) are those who were employed as an employee of a divided company as listed below and retired from office.

A. A. 6 H on May 1, 2017, 201, on November 1, 2011, 2017, the date of retirement from office No. 1 the date of retirement from office of the selector, A. 1, the date of retirement from office of the selector A. 1, 207, the date of retirement from office of May 1, 2007, when November 1, 2016, 25, I on May 2, 2017, 200, when November 3, 200, 200, on April 3, 201, 20, E. 1, 2017, May 1, 2017, 2008, when the date of retirement from office of the selector is F. 6, May 25, 2015, G. 205

On August 13, 2014, at a temporary general meeting of shareholders held on August 13, 2014, the divided company divided the division into the divided assets and the divided assets into the divided assets and the company established a new stock company, and approved the division plan.

Section II. Section 8 of the above division plan provides that “The company to be established by division shall be jointly and severally liable for the obligations of the divided company before the division.”

C. According to the above resolution of division, the division registration of the divided company on August 19, 2014 (hereinafter “instant division date”) and the registration of incorporation of the Defendant (hereinafter “instant division date”) was divided into two companies by completing the registration of division registration of the divided company and the registration of incorporation of the Defendant (hereinafter “instant division date”) on March 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s claim for retirement benefits occurred before the division of the company, but the payment period has not yet arrived at the time of the division, or the legal relationship that forms the basis of its establishment has already arisen.

Therefore, Article 530-9 (1) and (2) of the Commercial Act is applicable.

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