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(영문) 창원지방법원 2019.06.27 2018나2374
급여등
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 3.1 million and to the Plaintiff the full payment from January 30, 2018.

Reasons

1. Basic facts

A. From May 198, 1998, the Defendant is a non-corporate body comprised of the sectional owners and lessees who moved in the instant commercial building in Yongsan-si, Yongsan-si (hereinafter “instant commercial building”) for the management, operation, and revitalization of the commercial building in the said commercial building. The Plaintiff is a sectional owner under subparagraph C of the instant commercial building, who is operating the manpower office in the said commercial building.

B. From July 3, 2015 to May 2016, the Plaintiff performed the management of the instant apartment, including the imposition and collection of management expenses for the instant commercial building, the disbursement of various expenses for the instant commercial building, the inspection of water supply, and the completion of elevator safety management training. From March 3, 2015 to August 11, 2016, the Plaintiff reported the management of the instant apartment building to the Msan Fire Prevention Center as the fire safety controller of the instant commercial building, and performed the fire safety control duties.

C. The Defendant imposed and collected management expenses including KRW 900,000 and KRW 100,000,000 for the head of the Management Office’s salary and for the payment of fire safety control expenses to the occupants of the instant commercial building during the period of performing the said duties. The Plaintiff received KRW 90,000 per month from January 2016 for the payment of the head of the Management Office’s salary from January 2016, while managing the Defendant’s management expenses. By April 2016, the Defendant received KRW 10

【Ground of recognition】 The fact that there is no dispute, Gap 6, 10, 11, 17 through 26, 32, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that: (a) concluded a labor contract with the Defendant from July 2015 and served as the managing director of the instant commercial building; and (b) the Plaintiff paid KRW 270,000 to the managing director for the period from February 2016 to April 3, 2016 (=90,000 won x 3 months) and KRW 400,000 (=10,000 won x 4 months) for the period from May 2016 to August 4, 2016, did not receive KRW 3.1 million.

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