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(영문) 대구지방법원 2019.02.15 2018나308663
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff Cooperative is a cooperative established for the purpose of enhancing the economic, social, and cultural status of its members through the improvement of livestock industry productivity and the expansion of the market for livestock products. The Defendants worked as non-permanent auditors of the Plaintiff Cooperative (retirement on March 8, 2017, respectively).

B. The Defendants appeared at each of the personnel committee, risk management committee, interview committee, subcommittee, loan review committee, economic credit review committee, and budget subcommittee of the Plaintiff Union, and stated their opinions. The Plaintiff Union paid KRW 6.410,000 to Defendant B, and KRW 8.190,000 to Defendant C, from January 1, 2012 to February 28, 2017.

C. Of the statutes and the articles of incorporation or rules of the Plaintiff Union, the parts pertaining to this case are as follows.

Article 46 (Duties of Officers) (6) An auditor shall audit the property of a local Diplomatic Association and the status of its performance of duties, and if deemed necessary to conduct a specialized audit, he/she may request the Federation to conduct an audit.

(8) Auditors may attend a general meeting or the board of directors to state their opinions.

Article 48 (Board of Directors) (3) The auditor and executive officers may attend the board of directors to present their opinions.

(5) The head of an association shall notify members and auditors of meetings in writing at least three days before the date of the meeting.

Article 52 (Duties of Officers) (4) An auditor shall audit the property of a union and the status of its performance of duties, and if deemed necessary to conduct a specialized audit, he/she may request the National Federation to conduct an audit, and if he/she discovers any illegal fact in connection with the property of

Article 59 (Remuneration and Compensation for Actual Expenses of Officers) (2) Other matters concerning compensation for actual expenses to the officers except for remuneration for the regular executive officers and the regular executive officers shall be prescribed by the regulations.

Article 2 (Scope of Application) (1) of the Regulations on Remuneration for Officers and Compensation for Actual Expenses, such as remuneration for executives, retirement benefits, accident compensation, reimbursement for actual expenses, bonus for retirement, and others.

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