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(영문) 대구지방법원김천지원 2014.08.20 2014가단1269
임금 등
Text

1. The Defendant: 50,250,000 won to Plaintiff A and 5% per annum from February 13, 2014 to August 20, 2014; and

Reasons

1. Basic facts

A. The Defendant is an association organized under the Urban Development Act to implement a DNA urban development project in the Gu, Si, Gu, Si, E.

B. From August 18, 2010 to November 3, 2012, Plaintiff A, the president of the Defendant’s partnership, and Plaintiff C, the director of the Defendant’s association.

C. The parts related to this case in the defendant's articles of incorporation are as follows.

Article 13 (Executives and Organizations) (1) The Association shall have officers as follows:

1. President of a cooperative: One person;

2. Directors: Not more than nine persons;

3. Auditor: Three executive directors. (3) The president of the partnership shall be appointed as executive directors from among the directors.

Article 26 (Quorum of Meeting) (4) The quorum of the board of directors shall be decided by the majority of the number of persons present at the meeting with the concurrent vote of the majority of the number of persons present at the meeting, and by the Speaker when the number of

Article 30 (Benefits) (1) Full-time officers and employees may be paid expenses incurred in performing their duties.

Provided, That expenses incurred by an emergency officer in performing his/her duties may be paid.

(2) The principal of an association shall execute the methods of remuneration, expenses and payment under the preceding paragraph upon resolution by the board of directors.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiffs asserted that the Plaintiff A was not paid KRW 78,609,931 (i.e., basic pay of KRW 42,500,000,000 retirement pay of KRW 11,000,000,000 retirement pay of KRW 15,109,931) from the Defendant from July 201 to November 2012, 201, and appropriated KRW 3,527,650 for union office expenses of KRW 15,00.

Plaintiff

B From August 2012 to November 2012, 2012, benefits of KRW 5,550,000 (i.e., basic pay of KRW 3,950,000, KRW 600,000, KRW 1,000, KRW 3,000, KRW 600,000, Plaintiff C did not receive benefits from the Defendant (i.e., basic pay of KRW 2,40,000, KRW 600,000).

Therefore, the defendant shall pay to the plaintiff A KRW 82,137,581, and KRW 5,550,000 to the plaintiff B, and KRW 3,00,000 to the plaintiff C, and damages for delay.

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