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(영문) 대법원 2019.04.03 2017다276204

주주총회결의 부존재확인의 소

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The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court determined that the Plaintiff’s preliminary assertion added by the lower court cannot be deemed as not having existed with the resolution of each general meeting of shareholders of this case and the resolution of the issuance of new shares of this case, and that it is not allowed as it additionally asserts a new ground for invalidation after

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the exercise of shareholders' rights by those who are listed as shareholders in the register of shareholders, or by failing to exhaust all necessary deliberations,

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.