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(영문) 광주고등법원 2015.10.16 2014나4476
손해배상(기)
Text

1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by E;

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts are limited partnership companies established on June 28, 1979 for the purpose of the taxi passenger transportation business, etc., and the defendant was appointed as representative employees on November 27, 2001 after he/she became a general partner of the plaintiff on June 30, 1998, and until December 31, 2009 when he/she becomes unable to perform his/her duties as a decision to suspend his/her duties was issued by the Gwangju High Court 2009Ra121 on December 31, 2009.

Article 30 of the Plaintiff’s articles of incorporation provides that “The Plaintiff’s settlement of accounts shall be settled by the end of February of each fiscal year, prepare a proposal on the disposition of the list of assets, balance sheets, income statements, business reports, and profits and losses, and submit it to the general meeting of members for approval after undergoing an audit by the auditor within one month,” and Article 32 provides that “The ratio of each member’s distribution of profits and losses to the amount of investment as stated in Article 7 shall correspond to

However, the defendant did not hold a general meeting from 2003 to 2009 during which he has served as a representative member and have not obtained approval for settlement of accounts.

The plaintiff's employee E and F filed a lawsuit against the defendant as the District Court 2009Gahap6266, Gwangju District Court, and on October 22, 2009, the above court rendered a judgment that the defendant, as the representative member, failed to properly perform the duties relating to accounting and settlement of accounts for a considerable period of time, violated the duty under Article 30 of the articles of incorporation. The above judgment became final and conclusive on December 13, 2012.

(The grounds for recognition) The fact that there is no dispute, Gap's evidence 1 through 4, Eul's evidence 5 and 6 (including the serial number), witness D and E's testimony and the purport of the whole pleadings.

2. Plaintiff’s request

A. The defendant is a managing member appointed as the representative member of the plaintiff, and the company's property and funds are stipulated in the articles of incorporation and statutes.

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