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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The Plaintiff’s assertion is the vice-chairperson of the Defendant Association, who served from September 19, 2012 to December 31, 2012.
At the time of the Plaintiff’s appointment as vice-chairperson, C, the former representative of the Defendant Association, agreed not only to pay the Defendant the monthly remuneration of KRW 5 million, but also to pay the Defendant thereafter. Accordingly, the Defendant Association Council passed a resolution on the payment of executive remuneration.
Accordingly, the Plaintiff seek to pay the Defendant Association the total remuneration of KRW 17 million for the above-term period and damages for delay.
2. Determination
A. First, with respect to whether C (Death on April 6, 2013) made an agreement or a promise to pay KRW 5 million monthly remuneration to the Plaintiff, the testimony of the Health Team, Gap Nos. 1, 9, 10, and 19, and witness D of the trial room alone is insufficient to recognize it. There is no other evidence to acknowledge it. Even if it is assumed that C made an agreement or a promise as alleged by the Plaintiff, even if there is no remuneration provision that the board of directors of the defendant association should pay KRW 5 million per month to the Plaintiff as remuneration, the agreement or promise by the defendant association alone cannot seek remuneration from the defendant association.
B. The following circumstances are as follows: (a) there is a remuneration provision prescribed by the board of directors of the defendant association with respect to the payment of remuneration for executive officers, and (b) whether the plaintiff acquired the right to claim remuneration to the defendant association based on the above remuneration provision, (c) evidence Nos. 8, 17, and 18, (d) evidence Nos. 19-1 through 3, (e.g., evidence Nos. 19-20, and (e) evidence Nos. 20 and 21, and (e) evidence Nos. 20 and 21, evidence Nos. 19-20, and evidence Nos. 20 and 21, which can be acknowledged