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(영문) 대전지방법원 2019.10.24 2019나100873
약정금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

From August 1, 2015 to July 24, 2016, the Plaintiff was in office as the president of the Defendant Association.

[Articles of incorporation] Article 14 (Term of Office) (2) An officer shall be an honorary position.

Article 27 (Accounting, etc.) (2) The fiscal year of the Association shall comply with the fiscal year of the Government.

§ 30 (Remuneration) All officers (including City/Do associations and Si/Gun/Gu branches) of the Association may, if necessary, be paid allowances within budgetary limits.

(4) Other matters necessary for the management and operation of City/Do associations, Si/Gun/Gu branches and Eup/Myeon/Dong branches may be prescribed by separate regulations.

Article 13 (Operational Rules for Establishment and Operation of Regional Associations, etc.) (2) Deliberation and resolution by the Steering Committee shall be as follows:

1. Matters concerning the business plan, budget and settlement of accounts of a local association, etc. (1) shall be, in principle, independent accounts, and all incomes (members' membership fees, supporters' association expenses, support funds, subsidies and business revenues) shall be as revenue and all expenditures (payment of contributions and operating expenses of the local association) shall be as expenditure;

(2) Accounts shall be dealt with in compliance with the National Federation's accounting rules or general accounting rules.

The defendant is an incorporated association C (hereinafter referred to as the "C"), and the provisions relating to this case in the Articles of Incorporation and the Local Association, etc. (based on Article 31(4) of the Articles of Incorporation of the defendant) are as follows.

On May 18, 2015, the Defendant Steering Committee resolved on May 18, 2015, “The amount of the sales-related expenses (work-related expenses) for the president of the Association shall be reduced to KRW 2.5 million to KRW 1.5 million until the end of November 2017,” and “the Guidelines for the Execution of the Sales-Related Expenses” with the following contents:

(hereinafter “instant resolution”). A.

The order of execution of the cost of the marketing - the cost of the marketing may be executed within the scope of securing financial resources, but it shall not take priority over the basic cost of the regional association, etc.

(b) Costs which can be disbursed as the cost of the marketing.

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