주주총회결의부존재확인의 소
The judgment of the first instance shall be revoked.
Of the instant lawsuits, the part of the claim for confirmation of the absence of a resolution of the provisional shareholders' meeting is dismissed.
1. The reasoning for this part of this Court is as follows, and this part of the underlying facts is the same as that of the judgment of the court of first instance, except as stated in or added to the following. Therefore, this Court shall accept it as is in accordance with the main sentence of Article 420 of the Civil Procedure
The attached Form 2 of the judgment of the court of first instance shall be written in the attached Form 3, and the attached Form 2 shall be deleted.
(Attachment 3) The above "Attached 3" refers to the "attached Form 3" attached to the above judgment, and the "the shareholders' general meeting of this case" in the third and fourth of the judgment of the court of first instance shall be adjusted to each of the "the temporary shareholders' meeting of this case".
The resolution of this case was adopted at the third h three h above the third h above the judgment of the court of first instance with "the prior resolution of this case".
The following shall be added between 4, 9 and 8 of the judgment of the first instance:
A person shall be appointed.
(i) B, C, D, and E (hereinafter referred to as “B, etc.”) retired from office on March 29, 2019.
On the same day, the Defendant held the Defendant’s regular general shareholders’ meeting (hereinafter “the instant general shareholders’ meeting”), and approximately 93% (5 shareholders, the number of present shares, 10,379,203 shares) of the total number of outstanding shares (11,065,471 shares) other than non-voting treasury shares were present, and the proposal was adopted to elect B, etc. as the Defendant’s internal directors by proceeding the general shareholders’ meeting with B as the Speaker.
(2) On April 5, 2019, on the part of the defendant's corporate register, the registration was completed on April 5, 2019 that B was appointed as the representative director and the inside director, C, D, and E as the inside director.
[No. 13 and No. 14] 4, 8, and 7 of the first instance court's decision
2. Determination on this safety defense
A. The summary of this defense is as long as the Defendant was duly appointed as an internal director on March 29, 2019 by the following resolution of the instant case.