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(영문) 인천지방법원 2015.11.24 2013가합17922

주주총회결의무효확인 등

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1. The plaintiffs' respective lawsuits against Defendant E and F and the lawsuits against Defendant C Co., Ltd., against Defendant E.

Reasons

1. Basic facts

A. G, the representative director of the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”), decided to sell to the Plaintiff the entire shares issued by the Defendant Co., Ltd. and the right to authorize registration of construction business around September 2010, KRW 115 million. Accordingly, G transferred all the shares of the Defendant Co., Ltd. to the Plaintiff Co., Ltd. as of October 4, 2010 to the Plaintiff on October 4, 2010, and the representative director agreed to change to the Plaintiff Co., Ltd. to the Plaintiff. (hereinafter “Defendant Co., Ltd.”) after receiving the balance on October 26, 2010, G prepared a share transfer contract under its name or transfer to the Plaintiff Co., Ltd., Ltd. (hereinafter “Plaintiff Co., Ltd”).

3) On February 29, 2012, Defendant Company issued an ordinary share of 10,000 shares, and the total number of shares issued by Defendant Company was 80,000 shares. Around that time, Defendant Company’s shares were held in the name of 39,200 shares, under the name of 16,800 shares, under the name of H, 16,800 shares, under the name of 16,800 shares, and 16,000 shares under the name of J. 4) on January 16, 2013. The Plaintiff acquired 16,800 shares under the name of H and 8,000 shares under the name of H and 39,200 shares under the name of her mother.

Accordingly, after January 16, 2013, the shares of the Defendant Company held 39,200 shares in the name of Plaintiff B on the register of shareholders, 24,800 shares in the name of K, and 16,00 shares in the name of J.

(5) As of October 4, 2010, Plaintiff A was appointed as the representative director and internal director of the Defendant Company as of October 4, 2010. As of November 3, 2010, Plaintiff A was dismissed from office as the representative director on October 8, 2013, and the J was appointed as the auditor (after this, Plaintiff A was dismissed as the representative director on October 8, 2013, and the status of internal director was terminated.

I resigned on January 20, 2013

(b)K. (b) the convening of the extraordinary meeting of shareholders and resolution 1) K.