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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 A’s clan (hereinafter “Plaintiff’s clan”) is a clan formed to promote the religious service and friendship between his descendants of CC CC 24 years old, and the Defendant was appointed as the general secretary of the Plaintiff from November 15, 2010 to January 2013, and performed the Plaintiff’s duties, such as convening a general meeting and preparing minutes.
B. The Plaintiff clan held a board of directors on January 1, 2012, and among the contents stated in the resolution, the part related to the instant case is as follows.
4. To deposit KRW 200,000,000, such as expenses and taxes, in a general deposit passbook at the time when the title holder of the E bank deposit or the E-bank deposit in the name of an arbitration commissioner is changed, and to use the seal impression of the arbitration commissioner when the deposit is withdrawn after filing a registration of his/her seal imprint, and to open a cash card and determine the maximum amount per day to be used as KRW 300,000,000 for meals, transportation expenses, office equipment purchase expenses, etc. by general secretary;
C. In addition, on May 31, 2012, the Plaintiff clan held a board of directors on May 31, 2012, and the part related to this case among the contents stated in the resolution is as follows.
Bills
4. Other agenda items.
(b) The issues of payment of remuneration for the president and the general affairs, and the details of resolution regarding retroactive effect from the time when the duties were performed;
4. Paragraph (b) of this Article - The Chairperson shall be paid a 200,000 won per month, or 80,000 won per month of the General Affairs, and shall be paid retroactively from the time of the performance of his duties.
From November 2010 to June 2012, the Defendant received KRW 15.2 million with total work pay from November 15, 2012 to June 2012. The Defendant spent KRW 1,005,050 for food and transportation expenses of KRW 1,136,000 while in office as the general duties of the Plaintiff clan.
E. On November 23, 2012, the auditor F of the Plaintiff clan prepared an audit report and submitted it to the Plaintiff clan, and the part relating to the instant case is as follows.
◎ 회계업무에 대한 사항
1. According to Article 14 of the Constitution of the Republic of Korea, "the adjudication members on accessory property."