beta
(영문) 대구고등법원 2019.12.04 2019나24019

주주총회결의취소

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall dismiss the preliminary claim added at the trial.

3. Appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows: (a) the Plaintiff’s assertion is dismissed as “the period of exclusion expires” under the provisions of Articles 4 and 5 of the judgment of the court of first instance; and (b) the reasoning and the purport that the Plaintiff sought revocation of the resolution of the general meeting of shareholders as of June 1, 2018, rather than the Plaintiff’s complaint of this case, on April 27, 2018. However, the lawsuit seeking revocation of the resolution of the general meeting of shareholders is separately determined. Since the Plaintiff’s opinion presented through the complaint of this case was revoked as of April 27, 2018, the Plaintiff’s claim is without merit; (c) even if the Plaintiff sought revocation of the resolution of the general meeting of shareholders as of June 1, 2018, the Plaintiff’s claim for revocation of extinctive prescription under the provisions of Article 25 of the former Civil Procedure Act, which does not exist as of June 26, 2018.”

2. Judgment on the conjunctive claim

A. The plaintiff's assertion of the parties to the merger of this case is erroneous in the resolution of approval of the general meeting of shareholders, which is the premise of the merger of this case, and the defendant's claim against this.