1. Expulsion the defendant from the plaintiff's employee

2. The costs of the lawsuit are assessed against the defendant.

1. Basic facts

A. The Plaintiff Company is a company established for the purpose of cleaning agency business, etc., and the Defendant became a general partner and representative member of the Plaintiff Company on May 18, 2000, and the liability was changed to a limited partner on August 23, 2012, and resigned from the representative member.

B. After the Defendant resigned from the Plaintiff’s representative member, C became the representative member on August 23, 2012, and D resigned on September 18, 2012, and became the representative member on the same day.

C. On December 5, 2014, at an extraordinary general meeting held on December 5, 2014, the Plaintiff’s general partner with limited liability, D, C, and E, the Defendant, and three remaining members other than the Defendant, were present at the court to request the declaration of expulsion.

Plaintiff

The provisions relating to this case in the articles of incorporation of a company are as follows:

When a member under Article 22 (Expulsion) has any of the following reasons, the other member may request the court to declare the expulsion of the member by a resolution of a majority of the members:

3. When the company has committed unlawful acts with respect to the management of business and representative of the company, has conducted its business without authority, or has represented its company;

4. When the company has violated any other important obligation [based on recognition], entry in Gap evidence 1, 2 and 4 (including each number, hereinafter the same shall apply), and the purport of the whole pleadings.

2. The defendant's prior defense against the plaintiff's merits asserted that D's transfer of shares of the plaintiff company from the defendant and did not pay 50,000,000 won for the acquisition of shares of the plaintiff company. This is because D's non-performance of investment obligation against the plaintiff company is not a representative member, and therefore, D's non-performance of investment obligation against the plaintiff company's company is illegal.

However, there is a way that a third party becomes a partner of a limited partnership company after the incorporation of a limited partnership company by acquiring an employee's qualification from an existing member, and there is a way to acquire an employee's share from an existing member.