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(영문) 수원지방법원 2021.01.28 2019가합30146
정직무효확인등
Text

1. The defendant shall pay to the plaintiff 11,169,00 won with 12% per annum from August 20, 2020 to the day of full payment.

Reasons

1. Basic facts

A. The relation 1) The defendant is an unincorporated association that is composed of occupants, etc. of the apartment house C (hereinafter “the apartment of this case”).

2) The Plaintiff was entrusted management company of the instant apartment on March 21, 2007.

D Co., Ltd. (hereinafter referred to as “D”) entered as an accounting member, and served as the managing complaint of the instant apartment from June 9, 2008.

3) On November 30, 2015, the Defendant, from D on November 30, 2015, decided to transfer all the management affairs of the instant apartment from December 1, 2015 to autonomous management, and to succeed to employment of all workers.

Accordingly, on December 1, 2015, the Plaintiff entered into a labor contract with the representative meeting of the occupants of the Defendant and served as the managing complaint of the instant apartment.

4) On January 1, 2019, the Plaintiff drafted a new labor contract with the representative meeting of the Defendant occupant, and set monthly inclusive wages at KRW 3,723,00.

B. On November 2014, the Defendant’s dismissal and suspension from office against the Plaintiff, etc., resulted in a difference between the actual volume of heating used and the amount of heating used indicated in the external measuring instruments to some households of the instant apartment complex (hereinafter “the relevant household”) around November 2014. As a result of the investigation into the Korea District Heating Corporation, there was no problem regarding the actual amount of heating used for the relevant household and the total amount of heating used for the Korea District Heating Corporation in the instant apartment complex, but there was an error in which the external measurements of the relevant household are excessively indicated.

Around January 2015, the Defendant notified that the relevant household should pay the heating expenses omitted for the relevant household, and the relevant household paid approximately KRW 22.5 million in total (hereinafter referred to as “collection”). On January 2016, the Defendant decided to use the same for the repair of future heating facilities on the ground that it is practically difficult to refund the heating expenses to the remaining households who paid the heating expenses in excess of the imposition on around January 2016. The Plaintiff decided to use 15 million won out of the amount to be collected from November 2017 to July 2018.

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