Main Issues
(a) Method of resolution of expulsion of any member of a limited partnership company;
Summary of Judgment
If the expulsion is subject to the expulsion from among the members of a limited partnership company, the expulsion shall be made individually by the resolution of the majority of the other members by giving the other members an opportunity to consent to the expulsion from the other members, and even if the reason for expulsion is common to all the expelled members, the expulsion resolution is not a legitimate expulsion resolution, without giving the other members an opportunity to consent, even if the reason for expulsion is common to all the expelled members.
Plaintiff-Appellant
Limited Partnership Company
Defendant-Appellee
Defendant 1 and one other, Counsel for the defendant-appellant
original decision
Seoul High Court Decision 74Na1681 delivered on June 12, 1975
Text
The appeal is dismissed. The costs of appeal are assessed against the plaintiff.
Reasons
The ground of appeal No. 1 of the Plaintiff’s Selection Litigation Representative and its supplementary statement are examined;
According to the reasoning of the judgment, the court below held that the non-party 1, the non-party 2, and the non-party 2 are members with unlimited liability, respectively, and that the non-party 1 and the non-party 2 are members with limited liability, and that the non-party 1 and the non-party 2 are members with unlimited liability, and that the non-party 2 are not members with unlimited liability and the non-party 4 of the non-party 2's expulsion under Article 269, Article 220 (1) 3 and 4 of the Commercial Act, and that the above expulsion resolution was made on September 11, 1973 without the consent of the non-party 2's expulsion of the non-party 1 and the non-party 2's expulsion of the non-party 2's expulsion of the non-party 1 and the non-party 2's expulsion of the non-party 2 shall be decided individually by the majority of the non-party 2's expulsion of the remaining members without the consent of the non-party members.
Therefore, the appeal is dismissed as without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Han-jin (Presiding Justice)