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(영문) 수원지방법원 2017.11.14 2016가단516314

손해배상(기)

Text

1. The plaintiff

A. Defendant B Co., Ltd.: 31,698,874 won and its therefrom from May 19, 2016 to November 14, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is the council of occupants’ representatives of the Osan-si A apartment (hereinafter “instant apartment”), and the Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into a collective housing entrustment management contract with the Plaintiff on or around January 14, 201, and performed the entrusted management of the instant apartment (hereinafter “instant contract”).

B. As a result of the investigation of the apartment management of the apartment of this case in the Osan-si in Gyeonggi-do, the fact that the defendant company caused damage to the plaintiff by conducting the following unfair business affairs in performing the entrusted management affairs.

According to the rules and accounting standards of the apartment in this case, where the management entity increases the management expenses due to the increase of the employee's salary, etc., it shall obtain the approval of the plaintiff by reflecting it in advance at the time of the formulation of the budget, and where the budget has not been inevitably concluded by the beginning of

However, unlike the proposal by the council of occupants' representatives of the apartment of this case, D, who was in charge of the head of the management office as employee of the defendant company, revised the management rules in a way that the employees should sign the proposal and obtain written consent of the occupants.

Based on these management rules, the employees paid an average of 24.85% wages to the Plaintiff, thereby causing damages to KRW 3,347,780 paid to the Plaintiff.

The defendant company did not compile the budget for the year 2014 and did not pay allowances, etc., but it recognizes the working hours as they were submitted by the employee himself/herself without the verification process of the supervisor, such as the extended working situation register from January 2014 to December 2014, and then calculates the working hours and without the expenditure item.