대여금
1. Of the Plaintiff’s claim against Defendant Limited PartnershipF, 15,000,000 won and damages for delay shall be paid.
1. The facts under the basis of facts may be found either in dispute between the parties or in each entry in Gap evidence Nos. 1, 2, 11, and 18 (including branch numbers), with a comprehensive view to the whole purport of the pleadings. (a)
The defendant company is a company operating the liquor wholesale business, etc., and its members and the forms of liability, amount of investment, and share ratio are as listed below:
The ratio of investment (%) in the type of name liability ( per cent) G General Partners 22,515,500 G General Partners 24,225,000 H General Partners 24,225,00 48.45 I Limited Partners 1,984,503.9 J Limited Partners 1,275,000.5
B. On January 22, 2007, Defendant G assumed office as the representative member of the Defendant Company. On February 3, 2010, Defendant G transferred 49% of the Defendant Company’s shares in itself and I to K in total at KRW 450 million (hereinafter “transfer of shares in this case”), and transferred its business execution authority and representative authority to K in fact, and K actually operated the Defendant Company from around that time.
Article 6 No general partner of a company may transfer to another person all or part of his share without the consent of all the members.
Article 19 (Appointment of Representative Members of the Company) The appointment of a representative member of the Company shall be determined by the consent of all the members.
C. The articles of incorporation of the defendant company are as follows:
The transfer of the instant shares by Defendant G did not obtain the consent of all the members of the Defendant Company, and there was no change of membership from Defendant G to K on the register of the Defendant Company’s corporate registry.
E. The plaintiff A is the husband of the L, who is the female of K, and the plaintiff B is the mother of L.
K substantially managed the Defendant Company, L was the former secretary of the Defendant Company, and the Plaintiff A served as the officer in charge of finance of the Defendant Company.
F. H and J, a member of the Defendant Company, filed a lawsuit against the Defendant G by the Chuncheon District Court 2013Gahap2368, which requested the Defendant G to adjudicate the forfeiture of the power of representation and the right of business execution. On July 16, 2014, the said court filed the lawsuit against the Defendant G company.