On August 13, 2021, the first hearing was held in the retrial of a case involving the undervalued transfer of equity that harmed the interests of other partners. Both parties exchanged evidence during the hearing.

One of the key issues in dispute was whether the plaintiff could directly demand compensation from the partner who sold the equity at an undervalued price.

During the trial, the defendant argued that even if the equity was sold at an undervalued price, the loss was incurred by the partnership, not directly by the plaintiff.

We argued that after the equity transfer, the equity in question had been transferred again, making it impossible to reverse the transaction, and the loss had already materialized. The partnership, which had no other business besides holding the equity, could clearly determine the loss. Additionally, the partnership agreement explicitly stipulated that any cash proceeds from the business operations should be distributed as investment returns by the managing partner within 30 days.

Therefore, the plaintiff can directly claim damages from the partner who sold the equity at an undervalued price.