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(영문) 서울고등법원 2018.11.16 2018나2007380
손실금 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a small and medium enterprise establishment investment association organized under the Support for Small and Medium Enterprise Establishment Act, and Defendant B (hereinafter “Defendant Company”).

(2) On April 20, 2016, G Co., Ltd. (hereinafter “G”) was appointed as the Plaintiff’s liquidator at the Plaintiff’s temporary partner’s general meeting.

3) F and the rest of the Defendants are those who were or were the representative director of the Defendant Company. B. Article 13 of the Plaintiff’s Rules (a member constituting a constituent of an association is as follows:

1. General partner: Defendant company;

2. Limited partners: Korean call, and H.

3. Special members: The general meeting shall be held within 90 days after the end of each business year, and the special general meeting shall be held when a request is made by members or general partners who hold contribution units equivalent to at least 1/5 of the total amount of contributions, and the general meeting shall be convened by the general partner.

Provided, That where an executive member neglects to convene a general meeting without justifiable grounds, a special member may convene a general meeting of members.

Article 24 (Executive Partner's Authority and Duties) (4) The executive partner temporarily suspended the asset management business in accordance with this Code.

even during that period, the obligation to take the best action to preserve the property of the partnership shall not be discharged.

Article 30 (Liability and Change of Representative Fund Manager) (1) A managing member shall manage the partnership property under the responsibility of managing the representative fund manager in attached Table 1.

(2) If it is impossible for representative fund managers to perform their duties due to the death, disease, retirement, supervisory agency's sanctions, civil or criminal sanctions against a violation of the Act, etc., the executive members shall without delay make them available to each member.

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