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1. The Defendant (Counterclaim Plaintiff) paid KRW 9,876,479 to the Plaintiff (Counterclaim Defendant) and its related amount from December 6, 2018 to May 22, 2020.
Reasons
1. Basic facts
A. The Defendant Cooperative is a corporation established on July 16, 201 in order to improve the urban and residential environment and to improve the residential stability and residential life of its members by making the members of the Dong-si Cdong District as the project implementation district under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the Plaintiff is the former president of the Defendant Cooperative.
B. The Plaintiff was the chairperson of the promotion committee for the establishment of the Defendant partnership from February 201 to the establishment of the Defendant partnership. From July 16, 2014 to July 16, 2016 established by the Defendant partnership, and from August 12, 2016 to May 27, 2017, the Plaintiff was in the position of the head of each Defendant partnership.
Article 16 (Duties, etc. of Executives) (1) The head of an association shall represent the association, exercise overall control over its affairs, preside over its affairs, and preside over its general meetings, representatives' meetings, and the board of directors
(2) The directors shall assist the president of an association, deliberate and decide on the matters referred to the board of directors, and take partial charge of affairs of association.
Article 17 (Grounds for Disqualification, Disqualification, etc. of Executive Officers) (1) None of the following persons shall be appointed as executive officers of a cooperative:
1. A minor, incompetent or quasi-incompetent;
2. A person who was declared bankrupt and has not been reinstated;
3. A person in whose case two years have not passed since his/her imprisonment without labor or greater punishment as declared by a court was completely executed (including where it is deemed completely executed) or exempted;
4. A person who is under the suspension of the execution of imprisonment without labor or heavier punishment;
5. A person in whose case two years have not passed since he was subjected to a disciplinary action against his dismissal (including a person who was dismissed from a cooperative) under the Act or related Acts.
6. A person in whose case five years have not passed since he/she was sentenced to a fine of at least one million won for a violation of this Act.