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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal are the judgment of the first instance.
Reasons
1. Basic facts
A. A. An investment association (hereinafter “instant investment association”) is an investment association formed around September 18, 2012 in accordance with Article 25 of the Special Act on the Establishment of D.
On November 24, 2016, the instant association was selected and appointed by a resolution of dissolution of the association, and as a liquidator, E was appointed by a liquidator. On September 20, 2018, the Plaintiff was appointed by a resolution of a temporary general meeting of partners.
B. J Co., Ltd. (hereinafter “J”) changed its trade name to K on April 11, 2013, and changed to C on April 17, 2013.
All before and after the change in the name below, the defendant is a juristic person engaged in venture business investment and consulting business, which is an investor of the instant association.
The Defendant was in the position of the member of the instant association from September 18, 2012 formed by the instant association to May 17, 2016, when the Defendant’s registration of investment company specialized in start-up business was revoked.
Article 21 (General Meeting of Partners) (1) Members' general meeting shall be composed of members, and shall be classified into an ordinary general meeting and an extraordinary general meeting.
(2) A general meeting of partners shall resolve on the following matters concerning the operation of the association:
1. Settlement of accounts of the association;
2. Amendment to the bylaws;
3. Expulsion, withdrawal, and transfer of status of a limited partner;
4. Dissolution and liquidation of the association.
5. Extension of the duration of the association;
6. Increase in the total amount of investments;
7. Appointment of an accounting auditor of the partnership;
8. Other important matters not provided for in this Code. (1) Except as otherwise provided for in this Code, a managing member shall perform the following affairs in the name of the partnership on behalf of the partnership in the name of the partnership and shall represent the partnership in respect of all judicial or extrajudicial acts with respect to the partnership:
1. Management and operation of the property of the association;
2. Selection and investment of an enterprise subject to investment;
3. Fostering and support of investment companies, and the exercise of rights to securities of investment shares;
4. Issuance of certificates of investment;
5. Distribution of partnership property;
6. Preparation, maintenance, and keeping of records concerning the ledger of accounts and other accounts;