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(영문) 수원지방법원안양지원 2014.10.02 2014가단3298
퇴직금 등
Text

1. The Defendant’s KRW 50,600,000 as well as the Plaintiff’s annual rate from March 5, 2014 to October 2, 2014.

Reasons

1. Basic facts

A. In order to implement a housing reconstruction project that removes the ground structures of the Gu E unit during Ansan-si and constructs a new apartment, the Defendant is a housing reconstruction project partnership which obtained approval for establishment of the association on April 12, 2004, and obtained approval for establishment of the association from the Ansan-si market on August 24, 2007.

B. From August 2002 to January 20, 2006, the Plaintiff served as the chairperson to promote the establishment of the Defendant’s association. From January 21, 2006, the Plaintiff served as the head of the Defendant’s association and was dismissed from office at the extraordinary general meeting on July 20, 2013.

C. On July 24, 2010, the Defendant passed a resolution as follows with respect to the execution of rearrangement project costs, from 58 concurrent votes, 58 dissenting votes, 0 dissenting votes, and 16 dissenting votes at the extraordinary general meeting of 74 of the members of 105.

(hereinafter “instant resolution”). From August 17, 2002 to January 20, 2006, KRW 151,700,000 for operating expenses of the promotion committee (the amount of KRW 1.5 million per month of the chairman of the promotion committee among them) from January 21, 2006 to 53 months from January 21, 2006, the amount of KRW 159,000 for the president of the cooperative’s wages of KRW 159,00,000 for the period from August 17, 2002 to July 2010, the amount of KRW 98,950 for business activities (the amount of KRW 200, retirement allowances of KRW 266,00 for business activities)

D. On June 28, 2010, the Defendant concluded a construction contract for “G, H, and I apartment reconstruction improvement project association apartment reconstruction project” with F Co., Ltd. (hereinafter “Nonindicted Company”).

After the construction contract with the defendant, the non-party company paid the operating expenses of the partnership to the defendant until June 201, but thereafter did not pay the operating expenses of the partnership to the defendant, and the construction contract between the defendant and the non-party company was revoked.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. The Defendant’s judgment on the defense of safety at issue asserts that the instant lawsuit claiming bonus is unlawful as a duplicate lawsuit. As such, the instant lawsuit claiming bonus is a claim for wages in the instant case, and the instant lawsuit is a claim for bonus, which is a separate subject matter of lawsuit.

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