(영문) 서울북부지방법원 2016.04.27 2015가합1608

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(영문) 서울북부지방법원 2016.04.27 2015가합1608

회장보수지급 무효확인

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1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

Although the articles of incorporation of the defendant as a member of an incorporated association provide that no remuneration shall be paid to executives, the defendant's payment of remuneration to C, the representative of which was made from October 15, 2013 to April 24, 2015 is invalid.

A lawsuit for confirmation is not necessarily limited to a legal relationship between the parties, but can be subject to the legal relationship between one of the parties and a third party or between the third parties. However, in order to have the interest to confirm the legal relationship, it is necessary to create risk proposals existing in the rights or legal status of the claimant according to the legal relationship, it is necessary to immediately confirm the legal relationship by the confirmation ruling aimed at the confirmation of the legal relationship in order to remove the risk problem, and it is the most effective and appropriate means.

(See Supreme Court Decision 2006Da5970 Decided August 23, 2007 and Supreme Court Decision 2002Da20353 Decided August 20, 2004, etc.). Examining the instant case in light of the aforementioned legal principles, it cannot be deemed that the Plaintiff’s representative C’s rights or legal status may cause any risks or disadvantages to the Plaintiff’s rights or legal status according to the effect of the payment of remuneration, and even if the Plaintiff is awarded a favorable judgment against the Defendant, the said judgment does not affect C. Thus, the instant lawsuit cannot be deemed as an effective and appropriate means to resolve the risks or disadvantages existing in the Plaintiff’s rights or legal status or to resolve the Defendant’s dispute over the payment of remuneration to C. Therefore, there is no benefit in confirmation.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it as per Disposition.

참조판례

-대법원 2004. 8. 20. 선고 2002다20353 판결

-대법원 2007. 8. 23. 선고 2006다5970 판결

유사 판례

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