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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. The following facts may be found either as a dispute between the parties or as a whole as to the entries in Gap evidence Nos. 4, 9, and 3.
On September 15, 2010, the Plaintiff’s business plan and budget compilation of the year 2010 passed a resolution at the Plaintiff’s ordinary meeting. Unlike the budget compilation of the year 2010 business plan and budget compilation of the above year, the management allowances items were deleted that were paid for the total of KRW 3,00,000,000, out of the personnel expenses, and the president’s expenses for compensating for actual expenses were reduced from KRW 70,000 to KRW 50,000 per day.
B. Prior to the resolution of the above general meeting, the Plaintiff’s chief director on January 20, 2010 and the same year in accordance with the budget compilation for the immediately preceding year.
7. 21. Each of the 1,500,000 management allowances, and the same year from January 2010.
4. Around that time, reimbursement for actual expenses was made by KRW 70,000 per day.
2. The Plaintiff’s assertion that the president’s management allowance was deleted in accordance with the business plan and budget compilation in 2010, and the reimbursement for actual expenses was reduced, the Defendant’s total amount exceeding KRW 50,000 per day out of the management allowance of KRW 3,00,000 and the reimbursement for actual expenses that the Defendant received in accordance with the budget compilation in the immediately preceding year should be refunded to the Plaintiff as unjust enrichment.
3. According to the Plaintiff’s certificate of evidence No. 7, Articles 51 and 53 of the Plaintiff’s articles of association provide that the Plaintiff’s business year shall be from January 1 to December 31 of each year; the president shall prepare a business plan and budget bill in accordance with the business plan and budget guidelines set by the president of the Federation; and if the business plan and budget bill are not approved by the commencement of the business year, the expenses for performing the duty to maintain and operate the credit cooperative may be disbursed according to the previous year’s level until the budget bill is approved by the general meeting.