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(영문) 서울고등법원 (춘천) 2018.08.29 2018나652
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The defendant shall pay to the plaintiff A 241,184,779.

Reasons

1. Regarding the plaintiffs' appeal against the judgment of the court prior to remanding the scope of the party's trial after remand, the Supreme Court reversed the part of the judgment prior to remand on the grounds that the court below erred by misapprehending the legal principles as to the corporation's right of representation and right of attorney, which affected the conclusion of the judgment, and remanded it to the court of first instance. ② The part of the claim against H and I was dismissed.

Therefore, since the plaintiffs' claim portion against H and I in the judgment of the party before the remand became final and conclusive, the scope of the judgment after the remand is limited to the plaintiffs' claim against the defendant.

2. Basic facts

A. The defendant is a company operating liquor wholesale business, etc., and the type of employee and liability, amount of investment, and share ratio are as listed below:

The ratio of investment (%) in the name liability type H General Partners 22,515,500 45.031 General Partners I 24,225,000 48.45 J Limited Partners 1,984,503.9 K Limited Partners 1,275,002.5

B. On January 22, 2007, H was appointed as the Defendant’s representative member. On February 3, 2010, H transferred to L a total of KRW 49% of its and J’s G shares in KRW 450 million (hereinafter “transfer of this case’s shares”) and transferred its operating authority and representative authority to L, and substantially managed L from that time.

C. The defendant's articles of incorporation are as follows.

Article 6 No general partner of a company may transfer to another person all or part of his share without the consent of all the members.

Article 19. The appointment of representative members of the Company shall be determined by the majority of shares with the consent of all the members.

H’s transfer of equity in this case did not obtain the consent of all the Defendant, and there was no change of equity from H to H on the Defendant’s corporate registry.

E. The plaintiff A is the husband of L, and the plaintiff B and C are the trial parents of M, the plaintiff D are M, and the plaintiff E is the steeringcar and the plaintiff F are L.

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