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(영문) 창원지방법원 2015.08.27 2015나2045

손해배상 등 반환

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management organization of A’s sectional owners and residents, and the Defendant is a person who served as the Plaintiff’s president from April 2009 to October 201.

C was elected by the Director of the Management Office around April 2010, and was engaged in the business of receiving management fees and receiving and receiving money from the Plaintiff until October 2011.

(b) Article 8 (Executives) of the management rules A

1.The following officers shall be appointed at this time:

One chairperson, one general secretary, two auditors, operation committee members (one representative on the underground and each floor, one total representative on the officetels), and other nine executive officers shall be appointed.

Provided, That the operating committee may have more operating members.

Article 9 (Duties of Officers)

1. The chairman: He shall represent the plenary session, exercise overall control over its affairs, and preside over its meetings;

2. General affairs: To arrange the affairs related to the financial management and the plenary session; and

3. Operation Committee members: Operations with the consent of 2/3 of the executive officers of the Operation Committee through the Operation Committee before enforcement of at least one million won due to the performance of duties (regular disbursements are omitted).

4. Auditor: He shall inspect all matters by conducting regular or occasional inspections of financial management and affairs of the plenary session.

Article 14 (Duties of Officers) The executives of the plenary session shall observe the rules on duties and faithfully perform their duties for the principal meeting.

When an officer has neglected his/her duties and caused damage to the Council, he/she shall be liable for damage solely or in liaison with the Council.

Article 16. These sessions shall have the General Assembly and the Management and Operation Committee, and each meeting shall have the following functions:

(b) The operating committee: The committee shall handle the following matters entrusted with administrative affairs of the whole management and operation:

5.There shall be a quorum committee for holding meetings and a quorum for resolution under Article 17 for the appointment of a management office staff member. The functions of each meeting shall be as follows:

1. A general meeting: A notice of convening a meeting at least five days before and on the preceding day of the date on which the meeting is held, and the number of members present;