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(영문) 서울남부지방법원 2013.12.12 2013고정1583

근로기준법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who operates the real estate service chain (ju)E with four regular workers employed in Yeongdeungpo-gu Seoul Metropolitan Government D.

The Defendant worked for the period from April 1, 201 to May 20, 2012, and then retired workers F’ wage of KRW 2 million on February 1, 2012, KRW 200,000,000,000,000,000 for five percent on March 2, 2012, KRW 200,000 for five percent on May 2, 2012, KRW 200,000 for G wage of retired workers while serving for the same period, and did not pay the total amount of KRW 6 million on March 1, 201, KRW 200,000 for two million on May 20, 201, KRW 200,000 for retirement workers’ wage of KRW 2 million on August 20, 201, and KRW 200,000 for five percent on May 20,202.

2. Determination

A. Review of the records of this case reveals the following facts.

(1) On April 1, 201, E Co., Ltd. (hereinafter “E”) concluded with I a real estate branch service agreement with owners of the land for the implementation of the main complex development project on the non-J-gu, Yeongdeungpo-gu and 54 lots of land promoted by the I Co., Ltd. (hereinafter “I”) on April 1, 201, to conclude a land purchase contract with the owner of the land for the project and to pay KRW 4.5 billion.

(2) In the event that E had extended the deadline for the purchase of land and concluded a modified contract with I to revise the terms and conditions of the payment of the service price, it was impossible for the Defendant to properly perform the land purchase services. On August 20, 201, the Defendant completed the purchase services of the non-contractual land by February 28, 2012 for E, and received KRW 1.6 billion from the Defendant to the payment of the purchase services of the non-contractual land by February 28, 2012. The Defendant is the joint representative with K of E’s representative director. The Defendant entered into a real estate purchase services contract with the Defendant to provide support of KRW 2.3 million in total, including monthly operating expenses, salaries, and urgent funds for six months.

(3) Under the foregoing contract, the Defendant paid benefits and operating expenses for a period of six months up to the part of February 2012.