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(영문) 의정부지방법원 2018.09.18 2018가단110547
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (i) A apartment is a multi-family housing comprised of five units on the D ground at the time of the Government, 222 units, and the Plaintiff is a self-resolution body of the above apartment that consists of representatives from each Dong based on the Housing Act and the Enforcement Decree of the same Act.

Dor the defendant corporation is a corporation established for multi-family housing and building management business.

Defendant B served as the president of the first council of occupants’ representatives from January 1, 2008 to January 31, 2010. Defendant B served as the president of the second period (from February 1, 2010 to January 31, 2012) and the president of the second period (after August 2010), and the fourth period (from February 1, 2014 to January 31, 2016).

Applicant C served as the first council of occupants' representatives, and appointed the second director (after August 2010), the third director (from February 1, 2012 to January 31, 2014), and the fifth (from February 1, 2016 to January 31, 2018).

B. (i) The Defendant Company entered into a security service contract with the council of occupants’ representatives (referring to the council of occupants’ representatives which entered into a security service contract with the Defendant Company as the time when Defendant B and C serve as the chairperson, auditor, director, etc.) and renewed the security service contract several times since it was entrusted with the security service from September 2008. On September 25, 2014, the Defendant Company entered into the previous security service contract with the council of occupants’ representatives and entered into the last security service contract with the council of occupants’ representatives and was entrusted with the security service from October 6, 2014 to October 5, 2015.

The details of the annual minimum wage award(s) presented by the Defendant Company to the previous council of occupants' representatives prior to the conclusion of the security service contract include four insurance premium items and unit price per person.

Secondly, the defendant company employed security guards over the age of 60 who are not eligible for the national pension and employment insurance, to be entrusted with and performed security services, and the total amount received from September 2009 to September 2015 as national pension and employment insurance out of total service amounts is KRW 23,765,856.

C. (i) The disbursement of the previous council of occupants' representatives is before.

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