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1. Defendant Limited Partnership Company G: KRW 362,850,00 for Plaintiff A; KRW 267,00,000 for Plaintiff B; and KRW 122,670,320 for Plaintiff C; and
Reasons
1. Basic facts
A. Defendant Limited Partnership Company G (hereinafter “Defendant Company”) is a company that runs liquor wholesale business, etc., and its employees and the type of liability, amount of investment, and share ratio are as listed below.
Defendant H General Partners 22,515,500 45.031 Defendant I General Partners 24,225,000 48.45 J Limited Partners 1,984,50 3.969 K Limited Partners 1,275,002.5
B. On January 22, 2007, Defendant H assumed office as the representative member of the Defendant Company. On February 3, 2010, Defendant H transferred 49% of his and J’s G shares to L in total at KRW 450 million (hereinafter “transfer of this case’s shares”) and transferred its operating authority and representative authority to L and substantially managed the Defendant Company since that time.
C. According to the articles of incorporation of the defendant company, the general partner of the defendant company shall not transfer all or part of the shares to another person without the consent of all the members.
(Article 6) The transfer of shares by Defendant H did not obtain the consent of all the members of the Defendant Company.
Defendant I and K, a member of the Defendant Company, filed a lawsuit against Defendant H to the Chuncheon District Court against the Defendant H by 2013Gahap2368, which was the said Court. On July 16, 2014, the said Court sentenced Defendant H to the forfeiture of the power of representation and the power of executing duties against the Defendant Company. The said judgment became final and conclusive.
E. Defendant I, K applied for provisional disposition, such as suspension from office, etc. against Defendant H, L, M, and Plaintiff A by the Chuncheon District Court 2013Kahap234. On July 24, 2014, Defendant H’s representative member and managing member, the said court rendered a provisional disposition to suspend the performance of duties and not perform any duties related to L, M, and Plaintiff A. The said decision was served on the debtor on August 5, 2014.
F. The Plaintiffs extend over several occasions from 2010 to 2014.