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(영문) 대전지방법원 2017.08.31 2016나109282
부당이득금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

Basic Facts

The plaintiff is a corporation established with the objective of promoting voluntary economic activities of its members and promoting the balanced development of national economy based on the improvement of economic status by promoting the sound development of I and the promotion of mutual welfare among its members, consisting of the I employees in Daejeon, Sejong, and Chungcheong regions.

Plaintiff

According to the articles of association, the executive officers of the association consisting of one president, not less than five directors, not more than ten managing directors, one managing director (executive director), and two auditors. Among the executive officers, the president, directors, and auditors are non-standing, and the managing director manages the employees of the Plaintiff Association while working in the association, and actually executes the internal operation and execution of the Plaintiff Association.

From around 201 to April 14, 2015, the Defendant served as the managing director of the Plaintiff Union.

Plaintiff

On June 4, 2008, the Plaintiff Union had been working for the Daejeon Metropolitan City, Sejong Metropolitan City, Chungcheongnam-si, and Chungcheong South and North Korea as its business territory after the Plaintiff Union joined as a member and was established. On March 3, 2015, there was a movement to establish a separate association against the Plaintiff Union, such as holding an explanatory meeting for the establishment of a new association by the I companies working in Daejeon and Sejong Special Metropolitan City. However, the Defendant attended an explanatory meeting held as above and provided legal advice.

Plaintiff

On March 20, 2015, J, the president of the Plaintiff’s association, convened an emergency board of directors of the Plaintiff’s association, and recommended the Defendant to resign because the Defendant, the managing director of the Plaintiff’s association, was involved in the process of establishing a new association that is set up against the Plaintiff’s association in Daejeon and Sejong regions. While the Defendant is to voluntarily retire, the Plaintiff’s association pays KRW 50,000,000 to the Defendant as consolation money, it is a business vehicle.

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