beta
(영문) 대구지방법원 2018.06.21 2017가합209390

주주총회결의부존재확인

Text

1. Of the ancillary claims in the instant lawsuit, the part on the Defendant’s claim for the revocation of the resolution of the temporary shareholders’ meeting on October 2, 2017.

Reasons

1. Basic facts

A. As of October 31, 2017, the Defendant is a company operating a consignment sale, etc. of fruits, and the ownership status of the Defendant’s total issued shares of 210,000 shares as of October 31, 201 is as listed below.

The number of shares held by shareholders (ju) shall be C 103,739 49.40% E 6,300 3.00% Plaintiffs 42,354 20.17% F 5,869 2.79% D 6,935 3.30% G 5,335 2.54% H 6,375 13.04% 13,735 1.78% J 6,300 3,735 3,735 1.78% L6,303.0% M 3,735 3.0% M 3,735 3,735 70% 6,735 6,300% N,300% O 2,81.42%

(b) D is the spouse of C, and F and J are C’s children.

C. The Defendant, at a general meeting of shareholders held on March 14, 2016, passed a resolution to appoint C, D, and P as a director (hereinafter “resolution at the general meeting of shareholders”). As to this, the Plaintiff filed a lawsuit against the Defendant seeking revocation of the said resolution, including the said resolution to appoint directors at the Daegu District Court 2016 Ga202606. D. The Daegu District Court sentenced the said judgment to revoke the resolution to appoint directors at the general meeting of shareholders on March 14, 2016. The Defendant appealed as the Daegu High Court No. 2016Na26397, May 24, 2017, but the Defendant later appealed as the Defendant held the temporary general meeting of shareholders on May 24, 2017, and the Defendant was dismissed on June 16, 2017, 2017.