주주총회결의부존재 확인등
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
1. The court's explanation on this part of the basic facts is the same as the statement of the reasons from No. 9 to No. 10 of the second written judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
2. Judgment on the Defendant’s defense prior to the merits
A. On October 5, 2016, the Plaintiffs filed the instant lawsuit seeking confirmation of the absence of the instant resolution or its revocation on the grounds that the convocation procedure or resolution method of the instant general meeting of shareholders violates the statutes or the articles of incorporation. On October 5, 2016, the Defendant made a new resolution of ratification of the instant resolution to dismiss the Plaintiffs from the Defendant’s director.
Therefore, the lawsuit of this case seeking confirmation of non-existence, etc. on the ground that the resolution of this case was defective is unlawful as there is no benefit of lawsuit.
B. 1) In a case where a corporation ratified the previous resolution or adopted a resolution on the same agenda again, which is defective in a convocation of a legitimate procedure and a resolution of a temporary general meeting of shareholders, the new resolution of the temporary general meeting of shareholders shall be deemed to have no benefit of lawsuit seeking the non-existence or invalidity of the previous defective resolution or the revocation of the resolution, unless there are special circumstances, such as the absence or invalidity due to the defect in the procedure other than the defect of the general meeting convened by an unentitled person, or the defect in its contents, or the revocation of the resolution, even though there are any defects in the previous resolution, it shall be deemed that there is no benefit of lawsuit seeking the revocation of the previous resolution (see, e.g., Supreme Court Decisions 94Da50427, Feb. 24, 1995; 2008Da3221, Aug. 11, 2008). A, and Nos. 18 through 32, 15, 2015.