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(영문) 수원지방법원 2016.10.13 2015나41586

임금 및 퇴직금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts do not conflict between the parties, or each of the following facts may be acknowledged as follows: Gap evidence 1 to 6, 10, Eul evidence 1 to 3, Eul evidence 4-1, 2, Eul evidence 5, 6, 9, 11, and testimony of witness F of the first instance trial by integrating the whole purport of the pleadings:

On August 21, 2009, the Defendant was a cooperative established in the Republic of Korea on August 21, 2009 to promote an urban development project, etc. in the same Dong E, etc., and the Plaintiff worked as the Defendant’s general secretary from August 20, 2009.

B. On October 14, 2013, the Defendant’s board of directors held a board of directors at each of six directors and three auditors, among the Defendant’s total 10 directors, and the said board of directors held a resolution to suspend the performance of duties as the president of the FF’s association with the consent of all the directors present at the meeting (hereinafter “resolution of the board of directors on October 14, 2013”). The Defendant’s board of directors held a board of directors at each of the following meetings: (a) the FF’s board of directors suspended the performance of duties as the president of the FF association; and (b) the Plaintiff’s board of directors passed a resolution to appoint GB as the representative of the association (hereinafter “OF association”) on October 29, 2013 with the consent of all the directors present at each of the following.

G As above, on October 29, 2013, after being appointed as the representative for the president of the Defendant’s partnership by a resolution of the board of representatives made by the Defendant on October 30, 2013, with K and L, etc., the Plaintiff, etc. intrudes into the association office managed by the Plaintiff, etc. according to the delegation of F, the Defendant’s president of the association, and let the key repair business operator set off the locks of the entrance of the association office, and interfere with the Plaintiff, etc.’s business operation by force by inserting one credit cooperative in the place. Accordingly, F, the Defendant’s president of the association, as the former partnership office on October 31, 2013.