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(영문) 수원지방법원 2017.02.03 2016가합72545

회사에 관한 소송

Text

1. A resolution of the general meeting of shareholders dated January 28, 2016 and a resolution of the attached Table 2 shall be made by the defendant who made a resolution listed in the attached Table 1.

Reasons

1. Basic facts

A. The Defendant was established on November 2, 1978, and issued 10,000 shares at that time (1,000 won per share).

Since then, C who established the defendant was appointed as the representative director of the defendant and delegated D with all the operation of the defendant.

B. D, on July 13, 1987, combined shares of 1,000 shares (10,000 shares per share) and issued new shares of 2,00 shares on August 3, 1987 and changed the total number of shares issued by the Defendant to 5,000 shares on August 3, 1987.

C. Around April 191, 191, the Defendant’s share fluctuation situation 1) reached an agreement with D and C to distribute 1,750 shares and 750 shares of the Defendant, each of which was distributed under the name of another on April 16, 1991, to C, and transferred 1,750 shares among the Defendant’s shares, each of which was distributed under the name of another on April 16, 1991, to C, and 5,00 shares of the Defendant were owned by C 1,750 shares, D 1,750 shares, and E and F 750 shares, each of which was owned by C and 750 shares (i.e., around November 1, 197, and around January 14, 2002), and thereafter transferred 75 shares to C and 750 shares (i.e., 750 shares) to C and 750 shares, each of which were owned by C and 750 shares.

3) On April 16, 1991, D filed a lawsuit (U.S. District Court 2003Gahap4399) against the Defendant, C, F, and E claiming that its ownership was restored to its original state because it did not pay the subscription price for shares, and against the Defendant’s 3,250 shares, D’s claim for confirmation of existence of the resolution of the general meeting of shareholders (U.S. District Court 2003Gahap4399) was rejected. On the other hand, D transferred 1,750 shares owned by the Defendant to H on January 2, 2003, and as at March 22, 2006, D transferred 2, G200 shares to H on March 22, 2006, D was registered as the shareholder of G2,00 D, 1,750 shares, 750 shares, and 60 Jeju shares.

In this regard, D is the defendant, etc.