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(영문) 서울고등법원 2018.06.22 2017나2051120

주주총회결의 부존재등 확인

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1. The part of the first instance judgment against the Defendants shall be revoked.

2. Among the Plaintiff and the Defendants, the Defendants are the Plaintiff.

Reasons

Basic Facts

Related B Co., Ltd. (hereinafter referred to as the “instant company”) was established on May 4, 201 for the purpose of manufacturing, wholesale and retail business of clothing and subsidiary materials, and distribution business, and at the time of its establishment, 50 million won for capital and 100 million won for total number of issued and outstanding stocks (amounting to 5,000 won for total amount) and all of the above shares were acquired and owned by the Plaintiff.

The Plaintiff and the Defendant M have provided a teaching system around September 1992.

In a de facto marriage relationship, it began living together, and reported the marriage on September 16, 2013.

There are children F under the former husband F, and Defendant M and his former husband are children under Defendant D and E.

On May 23, 2016, the Plaintiff and Defendant M’s agreement on divorce and division of property agreed with Defendant M on divorce, and the Plaintiff drafted “a written agreement on divorce and division of property” as to the matters pertaining to division of property.

(2) In the event that the State’s compensation is paid upon the closure of an open plant, the State’s compensation and the paid-in compensation should first be paid from the original company’s trade damage amount to the original company (2,010,940,030, and from the paid-in compensation amount to the Plaintiff (2,000,000,000,000,000,000,000,000,000,0000,000,0000,0000,000,0000,000,0000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000

7) The distribution of the above compensation and insurance proceeds is terminated, and where the company in this case is proceeding later, the above company shall be a joint representative director, and the shares of the above company shall be 50% each, respectively. The plaintiff shall cooperate in necessary follow-up procedures, such as transfer of title, and the management of the company shall be entrusted to the defendant M. 8) since the above compensation amount, time of payment, etc. are currently unpaid.