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(영문) 서울중앙지방법원 2019.02.14 2017가합551276

보수지급 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 7, Gap evidence No. 101 to 104, and Gap evidence No. 126 and 127:

The defendant is a housing remodeling association established through an inaugural general meeting on May 24, 2008 for the remodeling project of Gangnam-gu Seoul Metropolitan Government B apartment, and the plaintiff is the head of the defendant's association.

B. From May 2007, the Plaintiff was working as the chairperson of the committee for promotion of apartment remodeling B (hereinafter “instant promotion committee”) from around May 2007, and was elected as the head of the association at the inaugural general meeting of May 24, 2008 by the Defendant’s head of the association.

Meanwhile, at the above general meeting of the defendant, the resolution of ratification of the business affairs of the committee of this case and the remuneration of the "Chairperson" was 2 million won per month (the additional payment of KRW 500,000 per annum 21.2 million per annum) and the bonus was determined by the budget bill of 1,767,00 won per month, and the rules of association and the regulations of operation of the association were enacted as follows.

Article 14 (Executives) (1) of the bylaws of a cooperative shall have the following officers:

1. One head of the partnership;

2. Two auditors.

3. Five directors. (2) The president and the auditor of the partnership shall be elected from among the members at the general meeting with the attendance of a majority of the incumbent members and the consent of at least one half of the present members;

However, if the head of the cooperative fails to obtain more than a majority of the votes in the first ballot, he/she shall hold a revoting to be elected as a majority winner.

Provided, That in the case of single withdrawal, the attendance of more than a majority of the incumbent members and the votes of more than a majority of the present members.

(4) The term of office of an executive shall be two years from the date on which he/she is appointed, but may be reappointed after resolution.

Provided, That the voluntary withdrawal, the resolution of non-Confidence at the general meeting or the board of representatives, or the disqualification under the provisions of Article 16 occurs.