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(영문) 창원지방법원진주지원 2015.06.10 2014가합11225
정관 무효확인 등 청구
Text

1. We affirm that the articles of incorporation implemented by Defendant B Limited Partnership Company on December 28, 2009 is null and void.

2. The plaintiff's defendants.

Reasons

1. Basic facts

A. 1) Defendant B Limited Partnership Company (hereinafter “Defendant B”)

(2) The Plaintiff is a limited partnership company established for the purpose of the transportation of taxi passengers, etc., and the company was affiliated with 18 taxi costs. 2) The Plaintiff is a person working as a taxi engineer who drives the taxi owned by Defendant B from Defendant B, and is not registered as a member in the certified copy of the register of Defendant B’s taxi.

B. As of August 20, 2008, Defendant C’s office of general partner of Defendant C, and amendment of the articles of incorporation of Defendant B as of December 12, 2008, as of August 20, 2008, Defendant C paid KRW 159,00,000 to E as transfer money, and as of September 1, 2008, Defendant C resigned from all employees of Defendant B, and entered into a transfer contract with Defendant C to acquire all rights, such as the right to manage and operate the said company’s 18 taxi from Defendant B’s office, by taking office as the representative member of Defendant B, and to acquire all rights, such as the right to manage and operate the said company’s 18 taxi from Defendant B’s office, retired from and resigned from the office as of September 8, 2008, Defendant C performed its duty of investment of KRW 16,000,000 as of the same day, Defendant C fulfilled its general partner’s investment duty of KRW 16,000,70.

3) On December 12, 2008, Defendant C and F consented to the appointment of Defendant C as a general partner, representative partner, and managing member, and subsequently amended its articles of incorporation (hereinafter referred to as the “Articles of incorporation as of December 12, 2008”).

C. On the other hand, Defendant B operated the company by receiving operating expenses from the articles belonging to the employees or companies from the beginning of the establishment of the company. Defendant C, who is the managing partner of Defendant B, is in charge of accounting pay, office rent, communications fee, corporate tax, etc.

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