(영문) 서울남부지방법원 2015.05.14 2014가합1851

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(영문) 서울남부지방법원 2015.05.14 2014가합1851

직위해제처분무효확인

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1. The Plaintiff (Counterclaim Defendant) paid KRW 92,331,450 to the Defendant (Counterclaim Plaintiff) and its related amount from November 22, 2014 to May 14, 2015.

Reasons

1. Basic facts

A. The defendant is an incorporated association established on April 18, 2003 for the purpose of holding projects related to culture and arts of persons with disabilities, and the plaintiff is appointed as the head of the defendant's headquarters on the following grounds around April 201 and operated B headquarters.

B. On April 15, 2011, the Plaintiff proposed a household business to the Defendant as a profit-making business and agreed with the Defendant on April 15, 201 as follows (hereinafter “instant agreement”).

Article 3 (Contents of Business) (1) The plaintiff shall secure the financial resources necessary for the production and production business of various households, produce products, and the defendant shall make every effort to increase mutual benefits by supporting the affairs such as a free contract and bid in relation to the receiving business and the establishment of a disabled rehabilitation plant. (2) The plaintiff shall support 5% of the total sales (excluding additional tax) together with the business performance guarantee (one year grace) to the Korean Disabled Culture Association (Defendant) as the Cultural Welfare Fund for Disabled Persons. (3) In principle, the investment funds invested in the business shall be preserved to investors. (3) The plaintiff shall be the representative responsible for the operation of the headquarters (including the matters of expenditure). (4) The representative of the B headquarters (the head of the headquarters) shall take precedence over the operation of the headquarters (including the matters of expenditure) and may report to the Association (Defendant).

(2) The plaintiff shall keep and manage the accounting books for the business separately from his/her own accounting books, and where a person designated by the defendant requests the inspection of relevant documents, on-site inspection, submission of relevant data, etc., the plaintiff shall comply with such request.

(4) A project shall occur while promoting the project.

유사 판례

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-대법원 2019.08.30 2018다242451

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