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(영문) 서울동부지방법원 2020.12.09 2020나1853 (1)

임금 등

Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The Plaintiff entered into an employment contract with D Co., Ltd. (hereinafter referred to as “D”), which is engaged in the temporary placement of workers, and worked as the head of B Apartment Management Office from September 1, 2019 to November 30, 2019 according to the collective housing contract between Defendant B apartment council (hereinafter referred to as “Defendant’s Council”) and D.

The defendant (appointed party) is the chairperson of the defendant's council of occupants' representatives, the appointed party E is the director of the defendant's council of occupants' representatives, and the appointed party F is the auditor of the defendant's council

D closed business on November 30, 2019 on the grounds of business deterioration, etc., and the Plaintiff was actually working as the head of B apartment management office by December 14, 2019 even thereafter.

[Ground of recognition: Facts without dispute, Eul evidence Nos. 1 and 2, the purport of the whole pleadings, and the purport of the whole pleadings] The plaintiff's assertion that the defendant C (Appointed Party) had presented that the plaintiff would undergo future exploitation to the plaintiff on December 4, 2019 after D was closed, but the plaintiff would continue to work until December. The defendant (Appointed Party) C and the designated parties accepted the plaintiff's opinion and continued to work as the head of B apartment management office.

The Defendant’s council of occupants’ representatives found a new housing management entity around December 10, 2019, and concluded a contract for multi-family housing. However, the Defendant (Appointed Party) paid the Plaintiff the full amount of the 12-month salary to the Plaintiff on December 12, 2019, which was a regular salary day, on January 10, 2020, and the Plaintiff consented thereto.

However, on January 10, 2020, the defendant's council of occupants' representatives paid only 1,038,710 won out of 2,187,310 won for December 14, 202 to the plaintiff, and the defendant's council of occupants' representatives is obligated to pay the remaining difference of KRW 1,148,60, and damages for delay.

In addition, the defendant (appointed parties) C and the appointed parties, who are officers of the defendant's representative council, shall pay to the plaintiff as a matter of course.