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(영문) 대전지방법원서산지원 2019.11.07 2017가합51176
대표사원권한상실선고
Text

1. The defendant declares that the defendant's H limited partnership company has lost its power to execute its business.

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

Reasons

1. Basic facts

A. H limited partnership company (hereinafter “instant company”) is a limited partnership company aimed at carrying on taxi passenger transport business, and the Defendant, upon joining as a limited partner of the instant company on August 10, 1998, was changed to a general partner on March 7, 2013, and was appointed as a representative member on the same day. The Plaintiffs are limited partners of the instant company.

B. The Plaintiffs filed an application against the Defendant for a provisional disposition of suspending the performance of duties under the Seosan Branch of Daejeon District Court 2017Kahap5074, and the said court rendered a decision on February 22, 2018 that the Defendant shall not perform the duties of the representative member of the instant company until the judgment of this case became final and conclusive, and during that period, E was appointed as the representative member of the instant company.

C. On the other hand, around April 2019, I, a general partner, through the defendant's legal representative, agreed to this court's original agreement with the defendant, and submitted a written agreement to the effect that I would operate the company of this case in good faith.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 28 through 30, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant, while holding office as the representative member of the instant company, arbitrarily drafted a performance agreement with respect to the personal obligation of KRW 52 million with which the seal impression of the instant company was affixed to J, thereby causing damage to the said company. ② As to the personal obligation of KRW 50 million to K, the instant company incurred damage to the said company by exempting the instant company from paying the taxi commission for 4 years and 9 months. ③ Around August 2014, by forging the minutes of the general meeting of members held by members with limited liability under the name of the instant company, a loan of KRW 30 million from the instant company was forged and embezzled, and the said loan was made.

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