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(영문) 서울동부지방법원 2019.07.18 2019가단106553
임금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C is a large-scale store located in Gangdong-gu Seoul Metropolitan Government D.

C was re-building resolution with the approval of at least 4/5 of the sectional owners on April 2015, but some sectional owners filed a lawsuit seeking confirmation of invalidity of the re-building resolution, which became final and conclusive on July 20, 2018.

In the process, the shop occupants operating in the commercial building established the Defendant B Co., Ltd. (hereinafter “Defendant B Steering Committee”) on November 3, 2016, and designated the Defendant Steering Committee as the large store manager on November 24, 2016, and had it operated after reporting to the Gangdong-gu Office after obtaining authorization.

The defendant steering committee imposes and collects management expenses on and collects the shop occupants operating in C, and it is a company that does not generate any profit dependent on management expenses, such as paying public charges, such as electricity, water, gas, and general management expenses, with the deposited money.

B. On November 3, 2016, the Plaintiff was appointed as the representative director of the Defendant Steering Committee established by the Plaintiff on his/her own initiative, but there was no provision on the remuneration of the representative director in the articles of incorporation, and there was no resolution of the board of directors

On November 17, 2016, at the Assembly meeting of the Commercial Building Operations Committee, appropriate benefits shall be paid to the directors of “A”.

(b) the time of payment shall be applied retroactively after the closure of October 10.

b. A resolution was made with a detailed content that "a decision is delegated by the prosperity Steering Committee to be decided by the Steering Committee."

C. On July 6, 2017, the representative committee of C Operating Committee resolved to dismiss the Plaintiff on the ground of business negligence, etc. The board of directors of the Defendant Steering Committee decided to dismiss the Defendant on November 30, 2017, and on December 11, 2017, the board of directors of the C Operating Committee stated that the Plaintiff was dismissed on November 30, 2017.

The plaintiff, in consultation with the joint representative E with the delegation of liability for remuneration, agreed to receive 300,000 won per month including all allowances, and received them.

The Plaintiff is the Defendant.

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