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(영문) 수원지방법원평택지원 2017.11.29 2016가단46906
공로금지급 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was in office as the president of the Defendant clan from October 27, 2007 to December 19, 2015.

B. On December 4, 2015, the Plaintiff, while in office as the representative of the Defendant clan, promoted the business of selling the land outside C and 17, which was owned by the Defendant clan, and as a result, concluded a sales contract for selling the land to Nonparty Ahycella Co., Ltd. (hereinafter “instant sales contract”) and received KRW 9,05,000 (hereinafter “the sales price of this case”).

C. On December 22, 2015, Nonparty D was elected as a new extraordinary session of the Defendant clan through a resolution of the Defendant’s Executive Council.

On January 17, 2016, the election was ratified by the resolution of the special general meeting.

On January 13, 2016, the final resolution of the defendant clan concerning the distribution of the proceeds of the instant clan and the actual bonus for merit to the officers of the defendant clan: ① The executive members of the defendant clan decided to delegate the number of nine persons to the chairperson D without any condition after asking all the participating executives who participated in the instant case questions of the chairperson D and do not raise any objection to the distribution of the proceeds of the instant clan.

(B) On January 17, 2017, the Defendant’s clan resolved that “the purpose of paying a monetary reward for executive officers according to the previous general meeting resolution” was “the purpose of paying the monetary reward for executive officers according to the general meeting resolution.”

③ On January 22, 2016, the Defendant paid merit rewards to executive officers, and the details of the payment are as follows:

H Auditor 55 million won in the amount of name position D President 5,000,000 P Auditor “The F Auditor’s “F officer” of the J officer “N 15 million L 15,000,000,000 N35 million

E. On January 22, 2016, the Plaintiff received KRW 60,000,00 from Nonparty D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 4, Eul evidence Nos. 4, 5, 7, and 8, and all pleadings.

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