유사원총회결의부존재 확인 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant, including those resulting from the supplementary participation.
1. Facts of recognition;
A. Parties 1) The Defendant is a corporation with the purpose of processing, distributing, selling, etc. agricultural and livestock products (as of February 21, 2007, the Defendant’s trade name was limited liability company D, but the trade name and business purpose was changed to D, an agricultural company limited liability company on March 12, 2007, and the trade name was changed to April 5, 2017, and the business purpose was partially changed on July 10, 2017.
The following shall be referred to as “Defendant,” regardless of whether before or after the change in trade name and business objectives.
(2) The Plaintiff is a person who was the representative director of the Defendant’s member, the Plaintiff’s director and the Intervenor joining the Plaintiff (hereinafter “ Intervenor”).
B. At the time of establishment, the Defendant’s share 10,00 shares were owned by the Plaintiff and E’s wife F,00 shares. (2) On March 12, 2007, the 3,00 shares out of the Plaintiff’s shares were transferred to the Intervenor by a resolution of the general meeting of partners on March 12, 2007. Accordingly, the Defendant’s shares were changed to F5,00 shares, Plaintiff 2,00 shares, and the Intervenor 3,00 shares.
3) On February 24, 2009, F transferred the Defendant’s 5,00 shares to H. (4) The Defendant: (a) prepared the Intervenor’s 5,00 shares transfer of the F’s 5,00 shares to H; (b) prepared the Intervenor’s 3,00 shares transfer of each of the 3,00 shares to G; and (c) entered that G and H held 5,00 shares each of the Defendant’s shares in the employee registry on March 30, 2017.
C. At the time of the establishment of the defendant, F was the representative director, director, and the plaintiff, who were appointed respectively as director, but F resigned from office on March 12, 2007. On the same day, the intervenor was appointed as the representative director and the director on the same day. 2) The defendant prepared the minutes of the general meeting of partners on April 22, 2009, stating that the intervenor resigned from office as the representative director and the director, and that G was appointed as the director, and completed the registration of change of the officer on the same day.
3 The defendant shall be dismissed from office with the written consent of G and H on March 30, 2017, and the defendant's trade name shall be as at present.