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(영문) 대전지방법원서산지원 2019.11.07 2016가합50527
사원제명선고청구의 소
Text

1. Expulsion the defendant from the plaintiff's employee

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Plaintiff is a limited partnership with the purpose of running the taxi passenger transport business, and the Defendant is a person who became a representative member on the same day after becoming a limited partner of the Plaintiff on August 10, 1998 and became a general partner on March 7, 2013.

B. All members of the Plaintiff, other than the Defendant, filed the instant lawsuit seeking a declaration of expulsion against the Defendant on May 3, 2016, after a resolution to dismiss the Defendant from the employee on the grounds of maritime action, such as the Defendant’s misconduct, at a general meeting of partners held on April 22, 2016, on the sole basis of the Defendant’s misconduct.

C. Meanwhile, the Plaintiff’s limited partner C et al. filed an application against the Defendant for a provisional disposition of suspending the performance of duties with the Daejeon District Court Branch 2017Kahap5074, Feb. 22, 2018. On February 22, 2018, Daejeon District Court 2017Gahap51176 (the Plaintiff’s claim against the Defendant for the declaration of the loss of the representative member’s authority against the Defendant), the Plaintiff’s representative member was prohibited from performing his/her duties until the judgment became final and conclusive, and during that period, the Plaintiff’s representative member was appointed D as the acting representative

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 23, purport of whole pleadings

2. The parties' assertion

A. On April 25, 2014, the Defendant, while holding office as the Plaintiff’s representative member, drafted a performance agreement with respect to the personal obligation of KRW 52 million with the Plaintiff’s seal imprinted at will on April 25, 2014, thereby causing damage to the Plaintiff by having the Plaintiff bear the said agreement. ② With respect to the personal obligation of KRW 50 million with respect to F, the Defendant incurred damage to the Plaintiff by having the Plaintiff repay the taxi commission to be received from F for four and nine years; ③ preparing a written agreement with respect to the personal obligation of KRW 150 million with the Plaintiff’s seal imprint affixed at will, and causing damage to the Plaintiff by having the Plaintiff bear it. ④

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