대여금
1. Of the judgment of the court of first instance, the part concerning Defendant Limited Partnership Company G is modified as follows.
Defendant Limited Partnership G.
1. Basic facts
A. Defendant Limited Partnership Company G (hereinafter “Defendant Company”) is a company that runs liquor wholesale business, etc., and its employees and the type of liability, amount of investment, and share ratio are as listed below.
Defendant H General Partners 22,515,500 45.031 Defendant I General Partners 24,225,000 48.45 J Limited Partners 1,984,50 3.969 K Limited Partners 1,275,002.5
B. On January 22, 2007, Defendant H assumed office as the representative member of the Defendant Company. On February 3, 2010, Defendant H transferred 49% of his and J’s G equity interest in total to L in KRW 450 million (hereinafter “transfer of the instant equity”), business execution authority, and representative authority to L, and substantially managed the Defendant Company from around that time.
C. The articles of incorporation of the defendant company are as follows.
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. The appointment of representative members of the Company shall be determined by the majority of shares with the consent of all the members.
The transfer of shares by Defendant H did not obtain the consent of all the members of the Defendant Company, and there was no change of membership from Defendant H to Defendant H on the registry of the Defendant Company’s corporate registry.
E. Plaintiff A is the husband of Plaintiff A, who is a woman of L. Plaintiff B and C, Plaintiff B and C, Plaintiff D’s mother, Plaintiff D’s mother, Plaintiff E is L’s steering car and Plaintiff F is L’s leakage.
L substantially operates the defendant company, M was the former secretary of the defendant company, and the plaintiff A was the CFO (executive in charge of finance) of the defendant company.
F. Defendant I and K, a member of the Defendant Company, filed a lawsuit against Defendant H to the effect that the Chuncheon District Court 2013Kahap2368 declared the forfeiture of the power of representation and the right of execution. On July 16, 2014, the said court sentenced Defendant H to the forfeiture of the power of representation and the right of execution of duties against the Defendant Company.