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(영문) 의정부지방법원고양지원 2019.08.09 2018가합75828

임시주주총회결의 부존재확인등 청구의 소

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1. The Defendant does not have the issuance of new shares of 126,000 common shares per par value of 5,000 won per February 7, 2018.

Reasons

1. Basic facts

A. The status of the parties is a company established on February 1, 2017 for the purpose of garbage disposal business, cleaning service business, etc., and C, along with the Defendant’s establishment, was assigned to and dismissed from the office of the representative director on August 8, 2018.

Meanwhile, the Plaintiff was appointed as the Defendant’s internal director on July 19, 2017 as the shareholder holding 6,000 shares of the Defendant and was dismissed from office on August 8, 2018, and was appointed as the Defendant’s representative director.

B. The total number of shares previously issued on or before February 7, 2018 by the Defendant was 90,000 shares, and the total number of shares previously issued on or before February 7, 2018 was 126,00 shares of common shares of KRW 5,000 per share on February 7, 2018, which was issued additionally and acquired by C and its counterpart shareholders, thereby becoming 216,00 shares.

The issuance of new shares by February 7, 2018 is referred to as "issuance of new shares by February 7, 2018."

(2) The number of shares held before and after the issuance of the above new shares is as follows. The number of shares held before and after February 7, 2018, 1 C 6,000 shares (the number of shares held after February 7, 2018 (the number of shares held after 6.6% below the second decimal point; hereinafter the same shall apply) are the number of shares held after February 7, 2018.

) 26,00 32,00 (14.81%) 2D 6,00 (6.66%) 3 high 6,00 (6.67%) 6,00 (6.6%) 6,000 6,000 (6.77%) 6,000 66,000 (66666%) 64,000 (29.62%) 66,000 (666.66%) 10,000 (6.66%) 60,000 (6.4%) 66,000 G66,00 (6.66%) 66,000 (6.6%) 6,000 (66%) 6,660%) 6,000 (6.66%) 6,600% (67%) 6,600% (67%)

C. On September 4, 2018 and September 29, 2018, a public notice of the result of the provisional shareholders’ meeting held by the Defendant 1 on September 4, 2018 is a provisional shareholders’ meeting held on the same day with the consent of 180,000 shares, including C’s shares, at the provisional shareholders’ meeting held on the same day.