주주총회결의부존재확인
1. Of the instant lawsuit, the part demanding confirmation of the absence of a resolution to issue new stocks at a regular general shareholders’ meeting on March 31, 2015 by the Defendant.
1. Basic facts
A. The Defendant’s establishment 1) was established on September 29, 2003 with the trade name “D Co., Ltd.” for the purpose of the final waste disposal business. 2) At the time of the establishment of the Defendant, the Defendant issued 40,000 shares (the par value per share is KRW 5,000, the total number of shares to be issued is KRW 160,000). The shareholder registry listed E as a shareholder holding 14,000 shares, F, and G, respectively, and H was registered as a shareholder holding 10,00 shares, and E general meeting, F, and G were appointed as each director, and H was appointed as an auditor.
3) E bears the Defendant’s share price of KRW 200,000,000 issued at the time of establishment. 4) The Defendant’s trade name was changed to “C Stock Company” around April 20, 2007, and “B” around October 7, 2016.
B. On April 14, 2015, the Defendant filed an application for registration of the change of a stock company containing a resolution to issue 80,000 shares of new shares at a general meeting of shareholders on March 31, 2015, and following the procedure of public announcement, the Defendant filed an application for registration of the change of the company including that “the total number of issued shares was paid on April 6, 2015 and the total amount of paid-in shares was changed.” The application for registration of change was held on March 31, 2015 by the Defendant’s general meeting of shareholders, i.e., the Plaintiff’s attendance at the meeting of shareholders, i., the J, a general meeting of shareholders, and i.e., 80,000 shares of registered common shares (one share 5,000 won per share) with the shareholder allocation method (However, the shareholder may arbitrarily allocate the shares from the general shareholder who renounced or forfeited his/her right to subscribe for new shares).
(1) On April 3, 2015, the minutes of a regular general meeting of shareholders containing this, and the letter of renunciation of acceptance of new shares as of April 3, 2015, which, as shareholders and J, waives the acceptance of the entire shares allotted to them by themselves. On April 3, 2015, the Defendant was accompanied by two shareholders present at the temporary general meeting of shareholders on April 3, 2015, and forfeited 80,000 shares (hereinafter “K”).
) The L Co., Ltd. (hereinafter referred to as “L”).
each 30,000 shares.