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(영문) 서울고등법원 2015.10.15 2015나2039034

주주총회결의부존재확인 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The defendant is a company established for the purpose of developing, manufacturing, and selling computer products. The plaintiff is a shareholder who holds 548,931 shares among the defendant's total shares of 3,824,000 shares.

B. The composition of the Defendant’s photo and the provisional shareholders’ meeting as of November 20, 2008 (1) G held the office of representative director and director of the Defendant on April 11, 1997. On December 3, 1998, a provisional disposition (98Kadan849 (9768), which appointed G as the representative of G, to suspend the performance of duties as to G, and to appoint H as the representative of G’s. The provisional disposition of this case (hereinafter “the provisional disposition order of this case”).

[The defendant's representative director and director were dismissed on March 30, 1999. 2) I, J, and K were appointed as the defendant's director on August 26, 2003, and I was appointed as the defendant's representative director on the same day.

3) C on March 30, 2004, L was appointed as director of each defendant on March 24, 2006, and L was appointed as director of each defendant on April 17, 2006, I resigned from the defendant's representative director on April 17, 2006, and C was appointed as representative director of the defendant on the same day.

5) The Defendant’s director I, J, and K retired from office on August 26, 2006; the representative director C retired from office on March 30, 2007; and the Defendant’s director at the time of holding the temporary shareholders’ meeting held on November 20, 2008 only H and directors L remains at the Defendant’s temporary shareholders’ meeting held on November 20, 2008. 6) dismissed L from the Defendant’s director at the Defendant’s temporary shareholders’ meeting held on November 20, 2008, and appointed C, N, and K as the Defendant’s director, each of the Defendant’s director, and C, N, andO as the Defendant’s director, and C assumed office at the Defendant’s representative director again on the same day.

7) On April 7, 2009, Suwon District Court rendered a decision to replace H as a person acting for G on behalf of G, and on July 2, 2009, the decision to revoke the instant provisional disposition order became final and conclusive on January 4, 2010. (c) On March 5, 2015, the decision to revoke the instant provisional disposition became final and conclusive.

C The appointment of internal directors on February 17, 2015.