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(영문) 춘천지방법원영월지원 2016.07.21 2015가합2401

사원제명 청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a limited partnership company established on November 18, 201 for the purpose of running cleaning service business, facility management business, etc.

On September 5, 2013, the defendant became a general partner of the plaintiff and served as the managing member and the joint representative member of the plaintiff from the same day to the same day.

B. The Plaintiff’s corporate register is registered as a general partner and a joint representative member with D besides the Defendant, as a general partner, E, F, and G, as a general partner, H, and I as a limited partner.

C. In the Plaintiff’s temporary general meeting of members (hereinafter “instant general meeting of members”) on September 22, 2015, a resolution was made to request a court to render a declaration of expulsion against the Defendant with the consent of all the remaining members other than the Defendant, among the members entered in the Plaintiff’s corporate register as members (hereinafter “instant resolution”), and D filed the instant lawsuit with the court on October 8, 2015.

The provisions relating to the expulsion of members in the articles of incorporation of the plaintiff are as follows:

When a member falls under any of the following cases, the other member may request the court to declare the expulsion of such member by a resolution of a majority of the members:

1. Where he fails to fulfill his obligation to make contributions;

2. When he/she has committed unlawful acts with respect to the management of affairs of a company and representatives thereof, has conducted affairs without authority or representing a company;

3. When other serious obligations are violated [based on recognition], the facts without dispute, entry of evidence A 1, 8, and 10, and the purport of the whole pleadings.

2. Determination on this safety defense

A. On November 17, 2014, the summary of the Defendant’s assertion D not only expired the term of office as the managing partner and representative member of the Plaintiff, but also lost the authority of the Plaintiff as the managing partner and representative member by a resolution of each general meeting of partners dated March 19, 2015 and February 1, 2016.

Therefore, the instant lawsuit is brought by D without legitimate representation.