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(영문) 수원지방법원 2018.08.02 2017가단31117

손해배상(기)

Text

1. Defendant Limited Partnership Company B, C, and E are jointly and severally liable to the Plaintiff for KRW 40,000,000, and Defendant Limited Partnership Company B and C.

Reasons

1. Determination as to the claim against Defendant Limited Partnership Company B (hereinafter “Defendant Company”), C, and E

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment made by the confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Determination as to the claim against Defendant D

A. The Plaintiff asserted that Defendant D had the obligation to pay its corporate debt as an employee of the Defendant Company, and that Defendant D had the obligation to pay its corporate debt, even if the obligation of the Defendant Company is recognized, Defendant D had already retired from the Defendant Company as a partner with limited liability, and thus, was not liable.

C. According to the provisions of the Commercial Act, a partner with limited liability in a limited partnership company is liable to repay the company’s obligations to the extent of the value obtained by deducting the already paid portion from the value of its investment (Article 279(1)), and a retired member is liable to the company’s obligations with respect to “before the retirement registration was made from the location of the head office” within two years after the registration.

(Articles 269 and 225(1). According to the evidence of evidence Nos. 1, 225(1) and 225(1) of Ga, Defendant D entered in the corporate register as it fully performed the obligation to contribute (10,000,000) with a limited partner of the Defendant Company; Defendant D transferred all of his/her shares to Defendant C who is a representative member and general partner on March 17, 2017 and completed the registration of retirement at the place of principal office on March 20, 2017 after Defendant Company retired from the Defendant Company; the period during which Defendant Company’s obligation, such as the transfer of the vehicle of the Defendant Company under the instant transportation business right contract concluded between the Defendant Company and the Plaintiff, is deemed to be March 25, 2017; and the date of completion of the transfer of the corporation due to the payment of the remainder transfer proceeds, as of June 31, 2017.

Examining the above facts in light of the relevant laws and regulations as seen earlier, Defendant D is a company with limited liability, as long as it has fully performed its investment obligation of KRW 10,000,000, which was initially determined as a partner with limited liability.