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(영문) 서울고등법원(춘천) 2019.06.05 2019나50098

주주총회결의취소

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the parts added or added as follows, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.

The "M" of the five pages of the judgment of the first instance court shall be referred to as "L".

“At the time of entry” of 15 pages of the 5th decision of the first instance court, the references to “each testimony of this Court F andO” shall be added.

Following the fifth 20 pages of the judgment of the first instance court, the phrase “(no less than the entries in Gap evidence No. 19-1, 2, 20, 21, and 22 submitted by the plaintiff in this Court shall be deemed different)” shall be added.

The following shall be added to the 7th sentence of the first instance court:

【The Witness F stated in this Court that “I wish to transfer his own shares in accordance with the contents of the Joint Business Agreement (Evidence A No. 8) drafted around February 2017, but this was to be transferred to the Defendant when the conditions, such as the entry of the investment amount, are met, and the investment amount was not entered. The Defendant recognized the Plaintiff A, E, and I as a shareholder in March 2017.” The Witness O stated in this Court that “I was a certified judicial scrivener at the time when I resigned from the Defendant’s audit office on May 24, 2017. I prepared a list of shareholders (Evidence A No. 11) of May 24, 2017 where E, A, and F were the Defendant’s shareholders, and the above status of the Defendant’s shareholders was confirmed by the Plaintiff.”

2. In conclusion, the judgment of the first instance is just, and the plaintiffs' appeal is dismissed as it is without merit.