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(영문) 청주지방법원 2015.11.04 2015가합21629
합자회사 해산청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a limited partnership company established for the purpose of producing, processing, and selling agricultural and fishery products. Plaintiff A and E are the Defendant’s general partners, Plaintiff B and Plaintiff C’s children as Plaintiff A’s limited partners.

Plaintiff A 710,50,000 won 72.5% 13.75% 122,50,000 won for Plaintiff C 12.5% E 12,250,000 won 10% 100% 12,250,000 won for name contribution equity

B. Since April 25, 2012, the details of investments and equity shares in Plaintiffs and E against the Defendant are as follows.

Section 2 (Purpose) The purpose of this Company (referred to as the defendant, hereinafter the same shall apply) is to carry on the following business:

1. Production and processing of agricultural, fishery and livestock products;

2. Sales and distribution of agricultural, fishery, and livestock products;

3. Lease and storage;

4. Projects incidental to each subparagraph.

5. No member under Article 6 (Transfer of Shares) of a support and cooperative project for the development of the local community shall transfer his/her share without the consent of all the members;

Provided, That this shall not apply between the same member.

Article 7 (Prohibition of Concurrent Operation) Members may not, for their own account or for a third party, trade in the same trade as the limited liability company or become a partner with unlimited liability or director of another company for the same type of business purposes without the consent of a majority of other members.

Article 9 (Managing Members and Representative Members) General Partners E shall be the representative members of the principal company, and the managing member shall be A as the general partner.

Article 10 (Appointment and Term of Office) The managing member and the representative member shall be appointed with the consent of all the members, and their terms of office shall be three years.

Article 15 (Reporting on Loss of Power of Managing Members and Representative Members) If the following events arise to the managing member or representative members, any member may request a court to report the loss of power of management or representative authority:

1. When the company is clearly unfit to execute its affairs or represent the company;

2. If there is any serious breach of duty, any member mentioned in Article 18 is unavoidable;

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