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(영문) 대구지방법원 2020.10.16 2019가단120289

보수금

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1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The defendant is a regional housing association established to promote the residential stability of its members.

B. The Plaintiffs were in office as a director and B, and the Plaintiff C were in office as an auditor at the meeting of the Defendant Union’s general meeting, which was held on November 1, 2015, and Plaintiff A and B were elected as a director, and Plaintiff C were in office until December 2018, respectively.

C. The Defendant paid KRW 1,160,400 per month to the Plaintiffs during six months from January 2016 to June 24, 2016 (the amount calculated by deducting the withholding tax amount from KRW 1,200,000 per month), but did not pay thereafter.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including branch numbers), the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

A. The Plaintiffs asserted that they were in office until December 2018 and performed their duties.

On November 1, 2015, the Defendant Union presented to the inaugural general meeting of the general meeting of the Plaintiff “cases of consent to the payment of operating expenses of the Union (such as official fees and office rent, etc.).” The above agenda was an effective resolution, and a resolution was passed to entrust the board of directors with the execution of remuneration, etc. for executive officers of the Union.

Defendant Union held a board of directors and resolved to pay 1,200,000 won for executive officers of the Plaintiffs.

Although the Defendant regularly paid remuneration to the Plaintiffs for six months from January 2016, the Defendant continued to receive the delayed payment of the PF loan due to the circumstances of the Defendant Union, but did not pay any further remuneration until December 2018, which the Plaintiffs retired.

Therefore, the remuneration for executive officers that the plaintiffs did not receive from the defendant is 36,000,000 won each (=1,200,000 won x 30 months) for 30 months from July 2016 to December 2018, and the defendant is liable to pay the above money and damages for delay to the plaintiffs.

B. The defendant's compensation is paid to the plaintiffs.