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(영문) 부산고등법원 2015.11.05 2014나4545

주주총회결의부존재확인

Text

1. The instant lawsuit was concluded on January 12, 2015 as the withdrawal of the Defendant’s appeal.

2. After filing an application for designation of the date.

Reasons

1. On January 12, 2015, when the instant lawsuit was pending in this court, the fact that the J, the representative director registered by the Defendant at the time of January 12, 2015, prepares a written withdrawal of appeal and submitted the written withdrawal of appeal to this court through K delegated with the submission of the written withdrawal of appeal is apparent

2. Determination as to the validity of withdrawal of an appeal

A. The Defendant’s in-house director and representative director were dismissed, and the Defendant’s resolution of the general meeting of shareholders (hereinafter “resolution of January 5, 2015”) on January 5, 2015 that appointed J as an in-house director is subject to grounds for revocation. Therefore, even though J did not have legitimate authority to represent the Defendant, this case’s appeal is not effective. B. We examine whether C, etc. filed an application for the suspension of performance of duties with U.S. District Court 2015Kahap1015 against J, and the above court rejected the Defendant’s application for the revocation of the Defendant’s in-house director’s and representative director’s exercise of duties until U.S. District Court 2015Kahap20212, and the Defendant’s in-house director’s removal of the Plaintiff’s in-house director’s rights was without legitimate authority to represent the Defendant’s in-house director’s resolution of 2015 J. 215.

- A lawsuit seeking confirmation of the absence of a resolution of the general meeting of shareholders under the Commercial Act.

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