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(영문) 서울서부지방법원 2014.05.29 2013가합11782
임금및퇴직금
Text

1. The Defendant shall pay to the Plaintiff KRW 135,031,320 as well as 20% per annum from October 17, 2013 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 1, 1993, the Defendant was a housing association established for the purpose of implementing a new project on the land of approximately 40,000 square meters in Yongsan-gu Seoul, Yongsan-gu, Seoul, with a total of four persons, including the president of the association, the vice president of the association, the general affairs of the association, and the auditor.

The defendant tried to newly construct multi-family housing after purchasing the land of 1,581 square meters and 22 lots of Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul, with the share of 27 billion won members raised from 321 members as business funds, but eventually failed to secure the project site due to the disposition of refusal by the supervisory authority.

B. On March 23, 2002, the Defendant held a general meeting of association to resolve issues such as the promotion of projects and the recovery of association members' contributions already paid. The organization of the emergency countermeasure committee was composed of seven emergency countermeasure committee members, two joint representatives among them, one auditor, and one chief secretary per 20 members.

C. After becoming a member of the defendant around January 1, 1995, the plaintiff was elected as a full-time emergency countermeasure committee member and a joint representative of the above emergency countermeasure committee. From April 1, 2002, as a joint representative of the emergency countermeasure committee, the plaintiff was performing the duties of the union full-time while performing the duties of the union as a full-time representative of the union office, and retired from the office of the emergency countermeasure committee member on May 26,

The payment of KRW 3,688,00 per month to the Plaintiff was entered in the wage ledger as a joint representative of the emergency response committee, but in fact, from around 2003 to 2008, the Defendant was paid a total of KRW 92,900,000.

On April 1, 2011, the Plaintiff filed an application with the Seoul Western District Court for a payment order claiming payment of unpaid wages of KRW 305,404,00 with the Seoul Western District Court Decision 201 tea 2453, but withdrawn the application on May 4, 201.

E. On June 28, 201, the Plaintiff is the Seoul Western District Court against the Defendant.

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