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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 53,740,00 with full payment from September 27, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is a non-profit corporation established on March 18, 2009 with the aim of enhancing the traditional national culture and contributing to the creation of a new culture through the investigation, excavation, management, and utilization of cultural heritage.
B. From the time of establishment of the Plaintiff to December 30, 2016, the Defendant served as a non-standing director (president) with the Plaintiff’s power of representation.
C. The Defendant was paid by the Plaintiff KRW 23.1 million for the year 2014, KRW 24.880,000 for internal business consultation or on-site consultation, and KRW 6,984,00,000 for the year 2015 and KRW 22.660,000 for the year 2016 (hereinafter “instant advisory fee”).
The articles of incorporation of the plaintiff stipulate as follows.
Article 7 (Types and Fixed Number of Officers) A corporation shall have the following officers:
1. One chief director, and
2. Not less than five but not more than fifteen directors (including a chief director); and
3. Not less than one auditor and all officers, including the chairperson, shall be elected by the board of directors, and the Administrator of the Cultural Heritage Administration shall, without delay, report on the appointment of the auditor.
Article 8-2 (Standing Directors) (1) One or more standing directors may be placed to perform the purpose business of a corporation.
(2) A full-time director shall be appointed by the chairperson following a resolution of the board of directors.
Article 12 (Duties of Officers) (1) The chief director shall represent the corporation, exercise overall control over the affairs of the corporation, and preside over the board of directors.
(2) Directors shall attend the board of directors to resolve matters concerning the corporation's affairs and deal with matters delegated by the board of directors or president.
Article 31 (Remuneration of Officers) No remuneration shall be paid to officers excluding full-time directors who perform the purpose business of a corporation.
Provided, That actual expenses incurred in performing duties may be paid.
Article 36 (Personnel) (1) The Institute shall have necessary personnel as prescribed by the organization of its organization.
(2) Matters concerning the appointment, service, remuneration, and reward and punishment of employees shall be prescribed by separate regulations.
E. The plaintiff.