1. To dismiss the defendant from the plaintiff's limited partner

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

1. Basic facts

A. The Plaintiff consists of three members including a limited partnership company established for the purpose of waste collection and transportation business, a general partner and a representative partner C, a limited partner, and a defendant and D.

B. On July 8, 2017, the Plaintiff’s member C and D resolved to request the court to declare the expulsion of a member against the Defendant pursuant to subparagraph 3 of the Plaintiff’s Articles of Incorporation, etc. on the grounds that the Defendant committed an unlawful act in connection with the Plaintiff’s performance of duties.

When a member under Article 20 (Expulsion) has any of the following reasons, the other member may request the court to declare the expulsion of such member by a resolution of a majority of the members:

1. Where he fails to fulfill his obligation to make contributions;

2. Where he violates the duty of prohibition of competition by the members; and

3. Where he commits any unlawful act with respect to the business performance of a company and its representative, or executes a business without authorization, or represents a company;

4. Where he violates other important duties.

C. The parts relating to this case in the articles of incorporation are as follows.

(This is the same as the reasons prescribed in Articles 204 and 220 of the Commercial Act). [Reasons for recognition] A/L does not dispute, entry of evidence Nos. 1, 2 and 3, and the purport of the whole pleadings.

2. The plaintiff's assertion made it easy for the defendant to borrow the name of his employee and passbook to obtain the repayment of his claim from E, and thereby use E to repay his personal debt, thereby committing embezzlement. The defendant is acknowledged as the grounds for expulsion stipulated in Article 20 (3) of the articles of incorporation of the plaintiff.

Accordingly, since the plaintiff's members C and D have passed a resolution on the defendant's request for a declaration of expulsion, they seek a declaration of expulsion against the defendant in accordance with Articles 269 and 220 of the Commercial Code.

3. Determination

A. The following facts can be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 8, 9, and 10

1 E, around November 2013, proposed that C take over the plaintiff and take over the plaintiff as a partner, and E and C are existing around December 2013.