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(영문) 서울중앙지방법원 2018.07.06 2017가합574330

총회결의부존재확인 등

Text

1. All of the plaintiffs' primary claims are dismissed.

2. D. at an extraordinary general meeting held by the Defendant on August 6, 2017.

Reasons

1. Basic facts

A. The status of the parties is a clan naturally created by the descendants of the defendant, and the plaintiffs are the members of the defendant's clan.

B. On January 31, 2015, at an ordinary general meeting held by the Defendant on January 31, 2015, there was a resolution to appoint G as the president, B, and F as auditors at an ordinary general meeting held by the Defendant on January 31, 2015. However, on October 10, 2016, Plaintiff A filed a lawsuit against the Defendant on October 10, 2016 seeking confirmation of invalidity of the resolution, etc. to appoint G as the president at the above ordinary general meeting of shareholders (hereinafter referred to as “exclusive lawsuit”).

(2) In the case of a provisional injunction filed by Plaintiff A against G, B, and F, the Seoul High Court rendered a decision to suspend duties as president of G and B as president of G until the judgment on the merits became final and conclusive on March 15, 2017 and to appoint D as president of the Defendant’s representative (Seoul High Court 2016Ra21375).

3) On July 13, 2017, the court rendered a judgment to confirm that the resolution to appoint G as the president, B, and F as the auditor was null and void at the ordinary general meeting held on January 31, 2015 with respect to the previous suit. Accordingly, an appeal filed by the Defendant (Seoul High Court 2017Na201352) also was dismissed on November 9, 2017, and the foregoing judgment became final and conclusive at that time. (C) The Defendant: (a) from the extraordinary general meeting held on August 6, 2017 (hereinafter “instant extraordinary meeting”); (b) as the president; (c) as the vice president; and (d) as the vice president; and (e) as the auditor, the resolution to appoint B and F as the auditor; and (b) as the list of real estate pertinent to each of the following: (c) the resolution to confirm each of the following: (a) the resolution to appoint the Defendant’s fundamental property and each of the following: (i) the list of real property (i) the instant amendment resolution;

(hereinafter collectively referred to as “instant resolution”). 2 This Court held on December 13, 2017.