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(영문) 대구지방법원 2017.11.24 2016가합205568

임금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 82,022,889 to the Plaintiff (Counterclaim Defendant) and its related amount from March 29, 2015 to November 24, 2017.

Reasons

1. Basic facts

A. On December 1, 2004, the Defendant was a reconstruction association established for the housing reconstruction project of the large D apartment, including Daegu Northern-gu, Seoul, etc., and the Plaintiff was in office as the head of the Defendant’s association from August 19, 2006 to March 28, 2015.

B. Of the Defendant’s articles of incorporation and remuneration regulations, the parts relating to the instant case are as follows.

B The articles of association of the reconstruction and improvement project association of Article 14 (Officers) partnership shall have the following officers:

1. The term of office for an officer who is the president of a cooperative shall be from the date on which he is appointed until the partnership is liquidated;

Article 15 (Duties, etc. of Executives) The head of an association shall represent the association, exercise overall control over its affairs, and preside over its affairs, and preside over its general meetings, representatives

Article 18 (Remuneration, etc. for Executives and Employees) The Association shall not pay any remuneration for executives other than full-time executives.

Provided, That expenses incurred by an officer in performing his/her duties may be subsidized.

The Cooperative shall pay remuneration to full-time officers and paid employees in accordance with the separate remuneration regulations set by the Cooperative.

In such cases, the remuneration regulations shall be subject to a resolution of the board of representatives.

The purpose of Article 1 (Purpose) of the Remuneration Regulations is to prescribe matters concerning the remuneration of full-time officers and employees of the partnership.

Article 4 (Payment Date) Remuneration shall be paid on the 25th of each month, and if the payment date is a holiday, it shall be paid in order on the preceding day.

Article 7 (Calculation of Remuneration) The remuneration of full-time executives and employees shall be paid in a lump sum on the basis of the date of issuance in all cases, including employment, reinstatement, temporary retirement, and any other cases.

Article 10 (Payment of Bonuses)

1. 300% per annum shall be paid for the monthly amount of monthly amount of salary;

2. 50% of the monthly salary shall be paid on the payment date of even number of months.

3. The time of application of paragraphs 1 and 2 shall be from the date of authorization to establish an association.

Article 12 (Retirement Allowances)

1. The provisions of retirement allowance under the Labor Standards Act shall apply mutatis mutandis to retirement allowances;

C. The defendant is a basic salary (2,000,000 won per month) and a bonus annual 6,000.

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