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(영문) 서울중앙지방법원 2018.06.01 2017가합517320
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a small and medium enterprise establishment investment association organized under the Support for Small and Medium Enterprise Establishment Act, and Defendant B (hereinafter “Defendant Company”).

(2) As an investment company for the establishment of small and medium enterprises, the Plaintiff and E-patent Technology Commercialization Investment Association (hereinafter “Patent Technology Investment Association”)

2) On April 20, 2016, the Plaintiff was appointed as the liquidator on April 20, 2016 by a resolution of the Plaintiff’s temporary partner general meeting.

3) Defendant C is the representative director of the Defendant Company, and Defendant D was a director of the Defendant Company, who was the chief of the office of business management and administration. B. The Plaintiff’s bylaws (hereinafter “Rules”).

The parts relevant to the instant case are as follows:

1. General partner: Defendant company;

2. 유한책임조합원 : 주식회사 셀트리온, 주식회사 동아수출공사, 주식회사 서울무비웍스, 대일씨앤아이 주식회사, F

3. Special members: The general meeting shall be held within 90 days after the end of each business year, and the special general meeting shall be held when a request is made by members or general partners who hold contribution units equivalent to not less than 1/4 of the total amount of contributions, and the general meeting shall be convened by the general partners.

Provided, That where an executive member neglects to convene a general meeting without justifiable grounds, a special member may convene a general meeting of members.

Article 24 (Executive Partner's Authority and Duties) (3) The executive partner shall observe the provisions of the relevant Acts and subordinate statutes and other related Acts and subordinate statutes, and shall perform his/her duty of care as a good manager for the benefit of members in the course of performing the duties of

(4) Executive members;

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