A. The Plaintiff (formerly C Limited Partnership) is a company established for the purpose of cleaning service business, facility management business, etc. on November 18, 201, and the Defendant is a limited partner of the Plaintiff.

B. At the time of the establishment of the Plaintiff, the Defendant decided to pay KRW 100 million to the Plaintiff’s partner with limited liability. The Plaintiff, while amending the articles of incorporation on October 7, 2013, reduced the Defendant’s contribution to KRW 75 million.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 3, 13, Eul evidence 8, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The summary of the Defendant’s assertion was that D appointed an attorney as the representative member of the Plaintiff, and D resigned from the office of representative member and general partner on February 1, 2016, prior to the instant lawsuit, as well as the expiration of the term of office as the managing member and representative member.

Therefore, the instant lawsuit is unlawful as it is filed by a person without the power of representation.

B. The following facts are acknowledged in light of the following facts according to the respective descriptions of evidence Nos. 3, 11, 13, 14, 4-1, 2, 5, 10, 5, and 10, and the witness E’s testimony and pleading.

① From September 5, 2013, F served as the Plaintiff’s managing member and the representative member from November 18, 201.

② Article 10 of the Plaintiff’s articles of incorporation provides that the term of office of managing members and representative members shall be three years.

③ As of the end of 2015, four general partners of the Plaintiff, including D, F, G, and H, were dismissed on January 12, 2016, and D on February 1, 2016.

On February 1, 2016, the Plaintiff asserted that I was appointed as the managing member and the representative member of the Plaintiff while becoming a general partner of the Plaintiff. However, Article 15 of the Plaintiff’s articles of incorporation provides that Article 15 of the Plaintiff’s articles of incorporation may not be employed as a new member without the consent of the total member. The evidence submitted by the Plaintiff alone as to I being employed as the Plaintiff’s member