[주주총회소집정지가처분][집10(1)민,284]
Correction of Decision on Provisional Disposition for Convocation
A. In the order of provisional disposition, although the place of the general meeting of shareholders is indicated as 40 U.S. Do-J. Y., the letter of notification of the general meeting of shareholders, which is the litigation materials submitted by the applicant for such provisional disposition, is recognized as having an obvious error in the meeting place to be corrected as 43 U.S. Y. Y. Y. Y. Y. Y. Y. Y. Y. Y. Y. Y. Y. Y. Y. Y. Y. Y. Y. Y. Y. Y.
B. The decision of correction has the same effect as the first decision of correction, which is integrated with the original decision, and where the decision of correction is made due to the grounds for correction stipulated in this Article, the decision of provisional disposition suspending the holding of the general meeting of shareholders, even if the general meeting of shareholders was already held before the decision of correction, it cannot be said that there is no benefit of correction and that the decision of correction is unlawful.
Articles 197 and 210 of the Civil Procedure Act
Thai line
Seoul High Court Decision 61Ra649 delivered on September 8, 1961
The reappeal is dismissed.
The grounds for reappeal by the re-appellant's agent are as shown in the reasons for reappeal.
As to the first issue, Article 197 of the Civil Procedure Act provides that the court may correct the decision if there is a clerical error in mountain or any other similar error in the judgment, and the decision should be made in comparison with the records of the case, it is necessary to determine whether there is an obvious error in mountain or any other similar error. The order of the provisional disposition is that the place where the general meeting of shareholders is held is held is located in 40, Cheongcheon-gun, Incheon-do, Chungcheongnam-do, Incheon-do. However, among the reasons for the decision of the provisional disposition, it is decided that the place where the general meeting of shareholders is held is 43, 93, 196, 196, 196, 4, 196, 196, 196, 4, 196, 196, 4, 196, 4, 196, 19, 19, 4, 196, 16, 43, 196, 196, 6, 4, 6, 6, 3, 1, 3.
As above, it is so decided as per Disposition by the assent of all participating judges in accordance with Articles 413(2) and 400 of the Civil Procedure Act.
The judge of the Supreme Court (Presiding Judge) Ma-Ma-man (Presiding Judge) Ma-man Ma-man Ma-man Ma-man Ma-man Ma-man