1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a limited partnership company that engages in general waste disposal business and recycling business.

The defendant is a general partner and representative member from May 27, 2004 to August 27, 2012, and a person who works respectively as a limited partner from August 28, 2012 to August 28, 2012.

B. On October 28, 2012, at a temporary general meeting of members held on October 28, 2012, when four of the Plaintiff’s total members present, the court decided to request the court to declare the expulsion of the employee against the Defendant on the ground that there were unlawful acts, such as manipulating accounts and embezzlement of public funds and dividends, or other serious reasons.

C. Relevant provisions of the Plaintiff’s articles of incorporation are as follows.

Article 20 (Expulsion) If a member falls under any of the following grounds, the other member may request a court to declare the expulsion of the member by a resolution of a majority of the members:

1. Where he fails to fulfill his obligation to make contributions;

2. Where he violates the duties of prohibition of concurrent operation by the members; and

3. When the company has committed unlawful acts with respect to the management of business and representative of the company, has conducted its business without authority, or has represented its company;

4. When the company has violated other important obligations [based on recognition], the fact that there is no dispute, Gap 1, 2 and 4, and the purport of the whole pleadings.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendant manipulates the account book by allocating excessive business expenses and voluntarily reducing dividend and income while working from around 2009 to August 27, 2012, and embezzled the Plaintiff’s public funds, dividend, etc., so there exists a ground for expulsion of employee, which corresponds to fraudulent act or other important reasons, to the Defendant.

For this reason, the Plaintiff seeks a declaration of expulsion against the Defendant by a majority of the remaining members.

B. According to Articles 220(1) and 269 of the Commercial Act, the existence of the reason for expulsion exists and there is a reason when a member of a limited partnership company commits an unlawful act in connection with the company's business performance, or when the company performs its business without authority or there is any other important reason.