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(영문) 부산고등법원 2014.07.10 2014나55
업무집행사원의 권한상실선고
Text

1. The part concerning the conjunctive claim in the judgment of the first instance shall be revoked;

2. The action for the conjunctive claim shall be dismissed; and

Reasons

1. The facts subsequent to the facts do not conflict between the parties or may be admitted as a whole in each entry in Gap evidence Nos. 1, 16, 48, and Eul evidence No. 29.

The non-party company is a partnership company established on June 25, 197 for the purpose of selling bottled products and its incidental business.

From March 17, 2017, the defendant has been in charge of performing duties as the representative member of the non-party company (Provided, That the execution of duties is suspended by the order of this court 2013Ra203 on March 17, 2014).

After the establishment of the non-party company, the defendant, D, and E have been in charge of the performance of duties as an executive partner.

After the retirement of E on September 16, 2010, the plaintiff (the person in charge of business) is in charge of the execution of duties with the defendant and D (the person in charge of accounting).

The number of employees of the non-party company is six, including the plaintiff, the defendant, and the D, F, G, and H.

C. Provisions relating to this case in the articles of incorporation of the non-party company (amended as of March 24, 2011) are as follows.

[The provisions of Articles 8, 11, and 17 (7) are added to the middle of June 20, 197, whether there is no evidence of the first articles of incorporation (No evidence No. 48). In the event a member of Article 8 (Self-Transactions of Members) intends to trade with a company on his or her own account or on the account of a third party, a resolution of a majority of other members is required.

Article 9 (Representative Members) (1) Representative Members shall be B.

(2) A representative member shall represent the company.

A public notice shall represent the company by the executive partner.

Article 10 (Business Performance) (1) Business performance of a company shall be conducted by B, D, and A from among its members.

(2) No act concerning the management shall be committed without consent of all managing members.

Provided, That this shall not apply where there is a possibility to delay.

(3) Where any other executive member raises an objection in connection with the management of affairs, he/she shall immediately suspend such act and follow a resolution of a majority of the managing members.

Article 11 (Loss of Power against Managing Members) The executive partner is clearly unfit or seriously unfit for managing the affairs.

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