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1. The obligation to refund the investment made by the Plaintiff (Counterclaim Defendant) on the ground of the Plaintiff’s employee retirement from the Plaintiff (Counterclaim Plaintiff) is 45,001.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
The Plaintiff’s investment in the Plaintiff’s membership as a member of the unlimited partner company and joint managing member of 150 E Co., Ltd. and 50 E Co., Ltd. and 50 FF Co., Ltd. and 300 He Co., Ltd. and 300 J. 200 and 120 J. 20 K Co., Ltd. and 50 K Co., Ltd. and 50 K Co., Ltd. and 200 and 27655, Apr. 29, 2014, in order to invest in securities, etc. issued by C Co., Ltd. (hereinafter “subject company”) around April 30, 2014, the Plaintiff is also a joint investment company under Article 28-3 of the former Financial Investment Services and Capital Markets Act and Article 278 of the former Financial Investment Services and Capital Markets Act (amended by Act No. 1282, Dec. 30, 2014; hereinafter “Financial Stabilization Act”).
Article 4 (Time of Incorporation and Duration of Company) (2) The duration of a company shall expire six weeks from the date of incorporation to the date of arrival of the six weeks.
(F) Article 5 (Definition of Terms omitted) The definitions of terms used in this articles of incorporation shall be as follows:
3. The term "fair value" means the value calculated by the joint managing member with respect to a certain property in the manner prescribed in Article 49 and approved at a general meeting of members;
(3) Matters in the following subparagraphs shall be decided by the affirmative votes of all members:
(Sicker omitted)
4. The repayment of expenses, borrowings, etc. of a company under Article 33 (Distribution of Company's Property) (1) The distribution of property to be distributed to partners shall be made in the following order and manner:
8.If the proceeds exceed 9.5 per cent of internal return as a result of the sale by a third party, remain in accordance with the sale by a third party of excess earnings, even after the distribution under subparagraphs 1 through 7.