손해배상(기)
1. The plaintiff's primary claim against the defendant limited partnership company B and his claim against the defendant C are all dismissed.
2...
1. Basic facts
A. On May 11, 2006, the Plaintiff entered the Defendant Limited Partnership Company B (the trade name before March 19, 2008, referred to as “Limited Partnership D” and collectively referred to as “Defendant Company”), and registered as the representative and general partner of the Defendant Company from May 12, 2006 to March 18, 2008, and as a limited partner from March 19, 2008 to June 25, 2009.
B. On February 19, 2008, Defendant C acquired 45% of the Plaintiff’s 65% shares from the Plaintiff to the Defendant Company in KRW 225,00,000, and registered as the representative member of the Defendant Company from March 19, 2008.
On March 24, 2008, Defendant C and the Plaintiff re-determined KRW 100,000,000, which was reduced from KRW 225,000 to KRW 125,000 on account of the financial status, etc. of the Defendant Company, as the above share acquisition price, and completed the settlement of the Defendant Company’s claims, obligations, etc. under the above contract.
C. On June 12, 2009, Defendant C, as the representative member of the Defendant Company, notified the convening of a general meeting of members of “the case of the Plaintiff with limited liability” as an agenda. On June 26, 2009, at the general meeting of members held on June 26, 2009, Defendant C made a resolution to withdraw the Plaintiff upon the consent of the members other than the Plaintiff (hereinafter “instant resolution”). The fact of retirement was registered on July 1, 2009.
Accordingly, on January 12, 2011, the Plaintiff filed a lawsuit against the Defendant Company to nullify the resolution of the general meeting of members with the Busan District Court Branch of the Dong Branch of the District Court 2011Gahap237.
On June 23, 2011, the above court rendered a favorable judgment against the Plaintiff on the ground that the Plaintiff did not express its intention of withdrawal to the Defendant Company, and thus, the instant resolution was null and void on the ground that it failed to satisfy the requirements for “retirement with the consent of the general members” under the Commercial Act, and the said judgment became final and conclusive on July 15, 201.
E. The Defendant Company, against the Plaintiff on July 19, 201, committed an unlawful act against the Plaintiff in relation to the performance of duties while the Plaintiff was a representative member of the Defendant Company.