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(영문) 청주지방법원 2015.10.15 2014가합26757

회사에 관한 소송

Text

1. The plaintiffs' primary claims against the defendants and the plaintiff's conjunctive claims against the defendant A.

Reasons

1. Basic facts

A. Defendant Company is a corporation established for the purpose of producing, processing, and selling agricultural and fishery products. Plaintiff A and Defendant D are the general partners of Defendant Company, Plaintiff B and Plaintiff C as the children of Plaintiff A and their respective registered members with limited liability.

Plaintiff A 710,50,000 won 72.5% 13.75% 122,50,000 won for Plaintiff C 12.5% 12,250,000 won for Defendant D 12,250,000 won 10% 10% for Defendant D 12,250,000 won

B. Since April 25, 2012, the details of the Plaintiffs and Defendant D’s investments and equity shares are as follows.

Section 2 (Purpose) The purpose of this Company (referred to as the Defendant Company; hereinafter the same shall apply) is to carry on the following business:

1. Production and processing of agricultural, fishery and livestock products;

2. Sales and distribution of agricultural, fishery, and livestock products;

3. Lease and storage;

4. Projects incidental to each subparagraph.

5. No member under Article 6 (Transfer of Shares) of a support and cooperative project for the development of the local community shall transfer his/her share without the consent of all the members;

Provided, That this shall not apply between the same member.

Article 7 (Prohibition of Concurrent Operation) Members may not, for their own account or for a third party, trade in the same trade as the limited liability company or become a partner with unlimited liability or director of another company for the same type of business purposes without the consent of a majority of other members.

Article 9 (Managing Members and Representative Members) General Partners D shall be the representative members of the principal company, and the managing members shall be A as general partners.

Article 10 (Appointment and Term of Office) The managing member and the representative member shall be appointed with the consent of all the members, and their terms of office shall be three years.

Article 15 (Reporting on Loss of Power of Managing Members and Representative Members) If the following events arise to the managing member or representative members, any member may request a court to report the loss of power of management or representative authority:

1. When the company is clearly unfit to execute its affairs or represent the company;

2. If there is a serious breach of duty;

(c) the defendant.