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(영문) 서울중앙지방법원 2016.07.07 2016나9451
임금 등
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

2...

Reasons

1. The parties' assertion

A. From June 28, 2010 to August 2012, the Plaintiff served as the chairperson of the B Housing Redevelopment Project Promotion Committee (hereinafter “instant Promotion Committee”). Since the Plaintiff was dismissed from office around the above time, the Plaintiff sought payment of wages, bonuses, retirement allowances, etc. from the Promotion Committee of this case.

Of the unpaid benefits of KRW 14,00,000, the amount that the Defendant is obligated to pay is the remainder of KRW 2,000,000,000, which remains after deducting KRW 12,000,000 already paid by the instant promotion committee, and the bonus of KRW 2,00,000 per annum, annual retirement allowances of KRW 100,000, annual retirement allowances of KRW 2,000,000, and KRW 760,000, which are paid by the instant promotion committee on behalf of the instant promotion committee.

The sum of KRW 8,760,00 is 8,760,000.

B. Although the Plaintiff held office as the chairperson of the promotion committee of this case during the above period, the promotion committee of this case does not have any money any more than twice since the Plaintiff fulfilled its duty to settle wages, retirement allowances, etc. by paying money twice after the Plaintiff was dismissed.

2. Determination

A. On June 28, 2010, the Plaintiff was elected as the president of the Promotion Committee of this case.

The plaintiff was dismissed at the general meeting of the promotion committee of this case on August 2012.

Luxembourg managed the funds of the Promotion Committee of this case by using the bank account under his own name.

【Plaintiff’s pay” was set at 1 million won per month, 200% per year for bonuses, and 100% per year for retirement allowances.

However, the Plaintiff’s dismissal from July 201 to August 2012 was about 14 months’ benefits (1 million x 14 months), bonuses, and retirement allowances were unpaid.

Applicant After being dismissed, the Plaintiff requested the instant promotion committee to settle the unclaimed wages, etc., and the instant promotion committee is KRW 1,500,000 on December 21, 2012, and KRW 500,000 on November 28, 2014.

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