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(영문) 수원지방법원안산지원 2019.06.05 2018가단69359
기타(금전)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. C Housing Redevelopment Improvement Promotion Committee (hereinafter “instant Promotion Committee”) is an organization established with the aim of establishing an association to implement housing redevelopment improvement projects by using the area of 25,187.74m2 in Mayang-gu, Mayang-gu as its business area.

Plaintiff

A from March 2005, from around 2005 to the chairperson of the Promotion Committee of this case, Plaintiff B served as the vice-chairperson of the Promotion Committee of this case from that time.

B. Around September 2006, the promotion committee of this case enacted the personnel remuneration regulations of the promotion committee, and its main contents are as follows.

(iii) Section 8 (Remuneration of Officers and Employees). The promotion committee shall pay full-time officers and employees remuneration within the scope of its budget as follows:

1. The Chairman of the Promotion Committee: 2,500,000 won/months, 300,000,000 won/months 2): 1,000,000 won/months (not later than December 2006), 200% of bonuses, and 100% of retirement allowances shall be determined by the board of directors of the cooperative after the establishment of the association; and

C. On May 24, 2010, the Promotion Committee of this case completed the registration of incorporation of the C Housing Redevelopment Project Association (hereinafter “Defendant Partnership”) with the approval of establishment from the Ansan market.

Plaintiff

A served as the head of the association from the establishment of the defendant partnership to June 2012, and the plaintiff B is working as a director from the establishment of the defendant partnership until the date of the establishment of the defendant partnership.

On March 25, 2010, the Defendant Union held an inaugural general meeting, and one of the agenda items was to adopt a case of the instant promotion committee’s execution of duties, execution of money, and ratification of settlement of accounts, and to this end, the Defendant Union passed a resolution of “I,” stating, “I,” “I, upon ratification of the principal duties performed by the promotion committee of this case.

E. From June 24, 201 to March 31, 2012, Plaintiff A lent a total of KRW 34.6 million to the Defendant (hereinafter “instant loan”) and received full repayment from April 27, 2012 to July 30, 2018.

F. The instant case on May 9, 2012

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