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1. All of the plaintiffs' claims that have been changed in exchange in the trial are dismissed.
2. The plaintiffs' total costs of litigation.
Reasons
1. Determination as to the plaintiffs' claims
A. The plaintiffs and the defendant are registered as joint mining right holders with respect to Nickel-gun L in Gangwon-do (mining right registration number D, E, F, G, H, I, hereinafter "the mine in this case"). The defendant is registered as joint mining right holders representative of the mine in this case, and the relationship between the plaintiffs and the defendant are stipulated to be deemed to have established a partnership agreement under the Civil Act.
However, the defendant, who is the representative of the above joint mining right holder, did not perform his/her business operations in an unfair manner by performing such business operations independently, and did not perform his/her obligations such as investment as a partner and sharing of other
Accordingly, on December 5, 2014, the Plaintiffs dismissed the Defendant from office as the representative of the joint mining right holder, and decided to appoint Plaintiff A as a new representative. According to Article 708 of the Civil Act, the Plaintiffs are entitled to dismiss a general partner by the unanimous opinion of other members. Thus, insofar as there is no legal defect in the above resolution for the dismissal of the representative against the Defendant, and thus, they seek against the Defendant the same claim as stated in the above purport of the claim.
B. Determination 1) Article 30(1) of the Mining Industry Act provides that Article 17 shall apply mutatis mutandis to the report, designation, change, etc. of the representative of a joint mining right holder, and Article 17(5) of the Mining Industry Act provides that the joint mining applicant shall be deemed to have entered into a partnership agreement. Meanwhile, Article 708 of the Civil Act provides that a partner who is a manager shall not resign without any justifiable reason and shall not be removed if he/she is equal to any other partner. Article 708 of the Civil Act provides that the structure and text thereof under Article 708 of the same Act and Article 708 of the Civil Act and Article 689(1) and Article 689 of the Civil Act shall apply to a manager of a partnership.
the terms of the termination of the delegation.