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(영문) 전주지방법원 2020.06.18 2018나11889
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is an educational foundation established for the purpose of establishing and operating six schools, such as C High Schools (hereinafter “instant schools”), and D is a student of C High School (hereinafter “C High School”), and the Plaintiff is a student of D’s transfer, and the Plaintiff was working for the president of the Livestock-gu School Federation in 2015.

B. The main contents of the rules of the association of parents of the head of the Dong-gu, Seoul Metropolitan Government are as follows.

Article 1 (Purpose) Parents' Association shall aim to participate in education and sports activities as members of the educational community and to contribute to the development of school education.

Article 4 (Members) Members shall be parents of all students of the stable-gu who are enrolled in the schools of this case.

Article 15 (Financial Support, etc.) (1) Finances necessary for the operation of the parent's association and the performance of projects shall be the subsidies, such as the General dong-gu Council, the Dong-gu Council, and the Seogz, and the parent'

(2) A certain amount of monthly membership fee may be collected, subject to the resolution of a general meeting, for the efficient operation of the parent's association and a certain amount may be collected according to the needs.

Article 16 (Expenditure) (1) After-school instructors (Supervision: 3 million won, and 2.7 million won) shall be deposited in the amount divided in proportion to each player by the head of the Tong, the legal entity of this case, by the 20th day of each month.

(2) A co-employed bonus may be paid a certain amount of the operating expenses after a meeting of the operating personnel (names, the participation in the competition, etc.) according to the budgetary conditions of the operating expenses.

(3) A position allowance of a specified amount may be paid each month for supervision in operating expenses.

【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2 (including virtual numbers; hereinafter the same shall apply), Eul No. 5, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff 1 paid the operating fund to the plaintiff 1 in practice by the parent's president, and thereafter, the defendant will execute the relevant expenses and return it at his own expense.

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