1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The parties' assertion

A. From May 24, 2010 to July 31, 2011, the Plaintiff served for a limited liability company C (hereinafter “C”) and served for the Defendant Company from August 1, 2011 to March 4, 2013. Since the Defendant Company succeeded to the Plaintiff’s employment while taking over its business from C around July 2011, the Plaintiff is obligated to pay the Plaintiff wages of KRW 2,989,860 as well as retirement pay of KRW 11,340,544 as well as delay damages.

B. Defendant 1 and C are separate corporations, and they merely take over all the business including succession to employment from C on July 201, not all the business including succession to employment. As such, the period during which the Plaintiff served in the Defendant Company was from August 1, 2011 to August 2, 2011, and the Plaintiff retired from the Defendant Company on February 28, 2013, not on March 4, 2013, but on February 28, 2016, the Plaintiff filed the instant lawsuit only on March 2, 2016, and thus, the Plaintiff’s wage and retirement allowance claim expired with the three-year statute of limitations.

2. Determination

A. In a case where an enterprise that judged whether to succeed to employment of the Defendant transfers part of the business division to another enterprise, and changes the affiliation of employees in the transferred business division along with physical facilities, as a matter of principle, the continuity of work is maintained by succession to the relevant employee’s labor relationship (see Supreme Court Decision 2004Da34790, Feb. 25, 2005). According to the health class and evidence No. 11 in this case, according to the Defendant and C’s evidence No. 11, it can only be recognized that the Defendant and C prepared a contract for transfer of claims and obligations with the effect that “the Defendant acquires claims and obligations against C’s business partners” around July 201, and the Defendant did not have prepared a disposition document stating that the Defendant acquired all business, including succession to employment, from C.

However, the following circumstances, i.e., the defendant, which are acknowledged as comprehensively considering the overall purport of the pleadings in Gap evidence Nos. 4, 5, 8, 9, 11 (including paper numbers).