2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

A. The Defendant asserted that the Plaintiff (Appointed Party; hereinafter “Plaintiff”) was the general partner of the limited partnership C (hereinafter “instant company”) and committed an unlawful act, such as accounting and handling as if he supplied false alcoholic beverages, or lending the instant company’s money to D without any reason.

This constitutes grounds for expulsion prescribed in Article 17(2) and (3) of the Articles of Incorporation, and the Plaintiff, who is a limited partner of the instant company, seeks an expulsion against the Defendant.

B. A lawsuit seeking the expulsion of a member from a limited partnership company is deemed to be a lawsuit formed by nature as it loses membership against the intent of the relevant member. A lawsuit seeking the alteration of existing legal relations is not permissible only in cases where law expressly provides otherwise and where law grounds exist.

(1) In relation to the expulsion of a limited partnership company, Article 269 and Article 220(1) of the Commercial Act provides that "any company may file a petition with the court for adjudication of expulsion of a partner with the court by a majority of other members," and thus, the person who can file a lawsuit seeking the expulsion of a limited partnership company is limited to the company in question, inasmuch as Article 269 and Article 220(1) of the Commercial Act provides that "any company may file a petition for adjudication of expulsion of a member with the court by a resolution of the majority of other members.

Therefore, there is no legal basis for the Plaintiff, who is a partner with limited liability of the instant company, to seek the expulsion of the Defendant from the instant company. Therefore, the instant lawsuit is unlawful as being instituted by a person who has no standing to sue.

2. The instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.