(영문) 광주지방법원 2017.07.14 2016가합50810

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.07.14 2016가합50810

업무집행권한상실선고 청구의 소

Text

The plaintiff's primary claim is dismissed.

The defendant's unlimited partnership company is declared to lose the power of managing the partnership company.

Reasons

1. Basic facts

A. C Unlimited partnership company (hereinafter “instant company”) is a general partnership company established on April 15, 1982 for the purpose of wholesale business of alcoholic beverages, etc. as of July 31, 2006, as D unlimited partnership company, as of March 17, 2010, as E unlimited partnership company, re-converted to C on September 28, 2010.

B. On September 28, 2010, the Defendant acquired shares equivalent to KRW 350,00,000 from F and the Plaintiff, thereby becoming a member of the instant company. The Plaintiff also acquired part of the shares of the said company from F on the same day, and became a member by acquiring part of the shares of KRW 350,000,000 by transfer to the Defendant.

Therefore, the members of the company of this case left only the plaintiff and the defendant 2, and on the same day the registration of change was completed when the defendant was appointed as the representative member.

C. The plaintiff, the defendant, and the F prepared a written consent (No. 50) on the same day, and the part related to this case is as follows.

September 28, 2010. General Members agree that:

1. The trade name of this Company shall be changed to a C Unlimited Partnership.

2. The modification of the articles of incorporation shall be made partly as follows:

section 1 (Trade Name) The Company is called C Unlimited Partnership.

3. Members F shall transfer 105,00,000 won out of 140,000,000 won to and withdraw from the Plaintiff, while the remaining 35,000,000 won shall be transferred to the Defendant respectively, and the Plaintiff shall transfer part of 560,000 won out of 560,000 won to the Defendant, and the amount of investment shall be changed as follows, and the Defendant shall enter the same company: Provided, That the transfer of the above 3 shares shall be changed by the order of the Gwangju High Court 2010Na1660 (Seoul District Court 2009Gahap3946), accompanied by the change of Article 4 of the Articles of incorporation as follows:

5. To appoint the defendant as the representative member;

As above, all members consent. D.

The plaintiff and the defendant's letter of agreement are the company of this case and the plaintiff.

유사 판례

-울산지방법원 2013.11.21 2013가합2555

-청주지방법원 2015.11.04 2015가합21629

-청주지방법원 2015.10.15 2014가합26757

-부산고등법원 2020.06.04 2019나51423

-서울고등법원(춘천) 2017.09.27 2016나1415