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(영문) 수원지방법원 2015.09.15 2015가단18394
임금 및 퇴직금
Text

1. The Defendant’s KRW 124,367,562 as well as 5% per annum from May 28, 2014 to September 15, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, as a general manager of the Defendant B District Urban Development Project Association (hereinafter only referred to as the “Defendant Association”), was dismissed while working from office from August 20, 2009 to April 28, 2014.

B. The purpose of the Defendant Union’s establishment on August 21, 2009 is to smoothly implement an urban development project in the area B (692,120 square meters of the area incorporated into the area of Gyeonggi-do and the E-days in the same city) located in the location of the wife population C in Chungcheongnam-si.

C. On March 7, 2013, the Defendant Union organized the first draft budget of 2013 as KRW 25,000,000 per month through the joint meeting of directors and representatives, but now, under the emergency management system, the association head and full-time directors shall withhold the partnership’s operating expenses until the association’s normalization, and the general secretary shall pay 50,00,000 won per month by having the partnership pay 10,000 won per month.

“The proposal was resolved.”

On October 14, 2013, at the board of directors (six of the total number of directors, one of three of the total number of auditors, and one of the total number of auditors), the Defendant Union did not observe the articles of association in the operation of the partnership, and abused its authority by nullifying the board of directors and the board of representatives in the course of performing its duties, and made a resolution with the consent of all the participating directors (hereinafter referred to as the "resolution of the board of directors on October 14, 2013") to prevent this from being abused.

On October 29, 2013, at a conference of delegates (21 persons among the 39 representatives, two persons among the 39 auditors), the Defendant Union suspended the performance of duties of the president of the F Partnership, and (G) decided to act as an agent (Article 28(1), (3), and 17(2) of the Articles of the Association), with respect to the decision to act as an agent for the president of the Union (Article 28(1), (2) of the Articles of the Association), made a decision to appoint a director as an acting director (hereinafter referred to as the “decision as of October 29, 2013”).

As a result of the board of directors of October 14, 2013 against F, a member H, etc. of the Defendant Union, the head of the association, the Suwon District Court 2013Kahap457, Oct. 29, 2013, based on the representative resolution of October 29, 2013.

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