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(영문) 서울동부지방법원 2017.10.19 2016가합104201
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association that obtained authorization for establishment from the head of Songpa-gu Seoul Metropolitan Government Office on December 19, 2013 to implement a reconstruction and rearrangement project for apartment A on the ground of Songpa-gu and 11 parcels.

B. From July 3, 2011 to December 18, 2013, the Defendant served as the chairperson of the promotion committee of the reconstruction association, which is the Plaintiff’s telegraph (hereinafter “Plaintiff”), and from December 19, 2013 to October 2014, the Defendant served as the head of the Plaintiff’s association, respectively.

C. While the Defendant is in office of the promotion chairperson and the head of the association, he/she paid the amount indicated in the “date and time” column as stated in each item in the “date and time of the act” column in the separate sheet for the Plaintiff’s claim (hereinafter “attached sheet”) at the Plaintiff’s expense, or received the same amount from the Plaintiff after he/she paid it at his/her own expense.

On the other hand, on June 2, 2014, when the Defendant served as the president of the association, the Plaintiff entered into a service contract (hereinafter “instant contract”) with YD, consulting, and specialized planning academic research services, which was entrusted to YD, A, and paid KRW 950,400,000 as the down payment on August 8, 2014.

E. The main contents of the Plaintiff’s articles of incorporation (hereinafter “instant articles of incorporation”) and its operating rules (hereinafter “instant operating rules”) related to the instant case are as follows.

Article 19 (Remuneration, etc. of Executives and Employees) (1) of the articles of association of this case shall not be paid to officers other than full-time officers.

Provided, That expenses and allowances for actual expenses incurred by executives in performing their duties may be paid.

Article 27 (Purpose of the Rules on Remuneration) of the Rules on Business of this case is remuneration, allowances, other allowances, information research expenses, business promotion expenses, bonuses, and bonuses for executive officers and employees.

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