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(영문) 광주고등법원 2018.02.09 2016나1099
미정산급여
Text

1. The judgment of the first instance court, including the ancillary claims added by this Court, shall be modified as follows:

Reasons

1. Basic facts

A. The Defendant is a cooperative established pursuant to the Small and Medium Enterprise Cooperatives Act by gathering persons engaged in a two-wheeled automobile business for the purpose of promoting the sound development of the two-wheeled automobile business, such as importing and exporting two-wheeled automobiles and parts, and promoting mutual welfare among its members. The Plaintiff is a managing director on April 27, 2007. C was registered as the Defendant’s president from October 25, 2005 to March 15, 2013. E was registered as the Defendant’s president from March 15, 2013 to March 15, 2013.

B. The defendant enacted the defendant's articles of incorporation on October 20, 2005, and accordingly registered on October 25, 2005.

The main provisions related to this case in the defendant's articles of incorporation are as shown in attached Table 1.

C. The principal office of the Defendant’s registration is Gwangju Metropolitan City, which is the Plaintiff’s residence, and the Defendant’s members run the sales business of two-wheeled automobile parts and the export business of parts at each national branch, such as Busan Metropolitan City, Daejeon Metropolitan City, and Suwon-si.

Around November 2005, the Plaintiff invested KRW 8,000,000 to the Defendant. As of April 30, 2014, the total amount of the Plaintiff’s investment increased by re-investment through interest dividends, etc. reaches KRW 9,279,102.

E. On April 8, 2014, the Defendant’s board of directors was held. The said board of directors expressed an intention to resign from the managing director and to withdraw from the Defendant’s association, and the Plaintiff filed the instant lawsuit seeking payment of retirement allowances, etc. on May 28, 2014, premised on the withdrawal from the Defendant.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1, 3, 11, 15, 19, 20; Eul evidence Nos. 1, 2, 3 and 5; witness C of the first instance court and D; the purport of the whole testimony and arguments

2. Judgment as to the main claim

A. The plaintiff's assertion 1) before the establishment of the defendant, the plaintiff provided labor as an employee for the establishment of the association and the defendant's external business. From April 20, 2007, the defendant's managing director is the defendant's managing director.

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