지위확인 등 청구의 소
1. Ascertainment that the Plaintiff is in the Defendant’s general position.
2. The defendant shall pay 20,000,000 won to the plaintiff and its related expenses.
1. Basic facts
A. On April 30, 2008, the Defendant is an incorporated foundation established for the purpose of spreading the dynamic culture through the development, compilation, publication, distribution, etc. of the sponsors on a non-profit basis.
On September 10, 2009, the Plaintiff was appointed as the Defendant’s four-year senior secretary, and was appointed as a job director on October 22, 2009, and was reappointed on October 22, 2013 as a general secretary and a job director on October 22, 2013.
B. The Defendant decided to pay the Plaintiff’s remuneration as a general secretary to the same level as that of Nonparty D, who was in charge of general affairs, and the amount is KRW 5 million per month.
Meanwhile, the main contents of the Defendant’s Articles of Incorporation (hereinafter “Articles of Incorporation”) related to this case are as shown in the attached Form.
C. On April 22, 2016, the Defendant held a board of directors (hereinafter “Board of Directors”) on April 22, 2016, and passed a resolution to exclude the Plaintiff from the board of directors on the grounds that the Plaintiff is disqualified for exceeding 70 years of age as prescribed by Article 10 Subparag. 4 of the Articles of Incorporation (hereinafter “instant provisions”).
On the other hand, the Plaintiff submitted to the Defendant a letter of resignation to the effect that he/she would resign from the Defendant’s general affairs director on the ground of personal affairs on March 2014, but the Defendant decided to discuss it in a provisional society on August 14, 2014, and did not accept it at the next meeting of the board of directors. On May 3, 2016, the Plaintiff resolved to dismiss the Defendant on the ground that there was a letter of resignation during the said deferment in a regular society held on May 3, 2016.
E. On April 26, 2016 and June 10, 2016, the Plaintiff sent each content-certified mail to the Defendant to request the Defendant to pay the borrowed money, unpaid benefits, retirement allowances, etc. borrowed from the Plaintiff.
[Reasons for Recognition] Facts without dispute, Gap's statements, Gap's statements, 8 through 11, 14, 23 through 27 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The resolution of the board of directors of this case 1 on the Plaintiff’s assertion is null and void for the following reasons.
1. The board of directors of this case shall be seven days before the meeting.