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(영문) 대전지방법원 2018.02.21 2017나105270
급여 등
Text

1. The plaintiff's appeal is dismissed.

2. Upon the conjunctive claim added at the trial, the defendant 4,400.

Reasons

1. The plaintiff at the first instance court requested the defendant to pay the unpaid official expenses, remuneration, loan, and other expenses. The first instance court dismissed all the plaintiff's claim.

In this regard, the Plaintiff appealed against the unpaid remuneration and loan loss from February 4, 2014 to August 29, 2014, and thus, the subject of the judgment on the party hearing is limited to the above part.

2. Basic facts

A. The Defendant is a housing reconstruction and rearrangement project association established on April 5, 2006 for the purpose of implementing the housing reconstruction project for apartment and commercial buildings in the Incheon-si, Incheon-si (hereinafter “instant reconstruction project”). The Plaintiff was in office as the head of the Defendant’s partnership from July 1, 201 to August 28, 2014.

B. The defendant has established business regulations, and the main contents of this case are as follows.

Article 48 (Compilation and Execution of Budgets) (1) The head of an association shall prepare a budget for the next year under the following subparagraphs, and implement it through a resolution of the board of representatives:

Provided, That if a council of representatives delays a resolution, etc., it may be executed in accordance with the previous year's budget.

1. All revenues and expenditures shall be incorporated in the budget of the fiscal year concerned;

2. Details of calculation of each account shall be clearly stated in the budget.

Article 76 (Remuneration for Officers) (1) The president of the partnership and full-time officers shall be paid monthly salary, and a separate business promotion expenses may be paid for the affairs of the partnership for the outside, the expenses related to the internal and external dynamics, the expenses for visitors to the partnership, the entertainment expenses, and other expenses incidental to the execution

(2) The president of a cooperative and full-time executives and employees shall be executed by a resolution of the board of representatives within budgetary limits.

C. The authorization to implement the instant reconstruction project was expired on February 17, 2014.

The defendant's general meeting of July 1, 201 and the general meeting of January 13, 2012 and the general meeting of August 29, 2014 adopted a resolution of KRW 1,70,000 per month for the president's remuneration of each union at the general meeting of August 29, 2014.

[Recognition] There is no dispute.

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