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(영문) 대전지방법원 2019.06.14 2018나108061
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the 3,800 won “3,800 won” in the third 16th tier of the judgment of the court of first instance is deemed as “3,80,000 won”; and (b) the Plaintiff’s assertion that the court emphasizes or adds to this court is identical to the reasons for the judgment of the court of first instance, except for the addition of “2. Additional determination” in the main sentence of Article 42

2. Additional determination

A. The plaintiff's assertion Article 14 (e)-2 of the Constitution of the Republic of Korea provides that "any act of the members of the financial committee on the property of the clan shall be done only by a resolution of the general meeting of the clan: Provided, That the management of the property of the clan (such as the disbursement of expenses and the financial act obtained only from the ordinary activities of the clan) may be done by a resolution of the board of directors. However, even in this case, it shall be ratified by the general meeting of the next clans, and if it is not so, it shall be possible to claim damages against the members and the financial members of the clan

M. N, N, J,O, K, Defendant, etc. who attended the meeting of the board of directors of May 31, 2012 that was resolved to pay the remuneration retroactively to the Defendant.

(B) According to the above religious provision, even if the remuneration of KRW 15.2 million paid retroactively to the defendant falls under the "expenses required for the regular business of the clan", the clan property paid through the resolution of the board of directors shall be ratified by the clan general meeting in the following year.

In the case of this case, unless there is a prior resolution or ratification of the clan general meeting with respect to the remuneration that was paid retroactively to the defendant, it shall be deemed unjust enrichment.

B. However, if the plaintiff clan did not obtain ratification from the clan General Meeting in the following year with respect to the remuneration of 15.2 million won that was paid retroactively to the defendant in accordance with the resolution of the board of directors, the plaintiff clan shall claim damages against the directors involved in the resolution of the board of directors following the resolution of the clan General Meeting in accordance with the above

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