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(영문) 의정부지방법원 2017.10.26 2017나4363

구상금

Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Basic facts

A. The plaintiff is a company specializing in the management of collective housing, and the defendant is the council of occupants' representatives comprised of the occupants of B apartment in Nowon-gu in Seoul Special Metropolitan City (hereinafter "the apartment in this case").

B. On May 23, 2014, the Plaintiff entered into a collective housing management contract with the Defendant, setting a period from June 1, 2014 to May 31, 2017, under which the Defendant entrusted the instant apartment management to the Plaintiff (hereinafter “instant management contract”), and the main contents thereof are as follows.

Article 8 (Imposition and Collection of Management Expenses, etc.) (1) Management expenses, user fees, long-term repair appropriations (hereinafter referred to as "management expenses, etc.") shall be imposed, collected and disbursed by the head of the management office in accordance with Article 45 (1) of the Act, Article 58 of the Decree, and the defendant's management rules.

(2) The head of the management office shall establish a business plan and budget bill every year and obtain approval from the defendant in consideration of related Acts and subordinate statutes, consumer price inflation rate and the rate of increase in urban workers' wages.

Article 17 (Applicable Matters) (3) Appointment of a warden shall recommend three persons to the defendant and appoint those who are determined by the defendant.

(4) Dismissal of a warden shall be determined by the defendant.

C. D concluded an employment contract with the Plaintiff and served as the managing director of the instant apartment, and the Defendant decided to dismiss D on July 21, 2016, and notified the Plaintiff on August 5, 2016.

On September 6, 2016, the Plaintiff notified D of the termination of employment relationship as of September 6, 2016.

E. D filed a petition to the Employment and Labor Agency on the ground that it did not receive wages, etc. properly.

On October 10, 2016, the Administrator of the Seoul Regional Employment and Labor Office (hereinafter “Seoul Regional Employment and Labor Office”) issued a total of D wages, annual allowances, and retirement allowances (hereinafter “wages, etc.”) to the Plaintiff’s representative director on October 10, 2015,596.