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(영문) 광주고등법원(전주) 2015.12.03 2015나100841

회사에 관한 소송

Text

1. Of the ancillary claims of the court of first instance, the remainder of the resolution ordering the revocation below.

Reasons

1. The reasons why this Court shall explain this part of the basic facts are the same as the pertinent “1. Basic Facts” among the reasons for the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The court's explanation of this part of the reasoning of the judgment of the first instance as to the cause of the claim is the same as that of the 11th to 16th to that of the 11th to that of the 16th to that of the 16th to that of the judgment of the first instance. Thus, this part

3. Judgment on the defendant's defense, etc.

A. The Defendant’s assertion and judgment 1) The procedural defect in the resolution of the instant general meeting of shareholders was cured since the Defendant, on September 1, 2015, made a resolution to ratification the resolution of the instant general meeting of shareholders by holding a general meeting of shareholders on September 1, 2015. 2) Although it cannot be retrospectively effective through a resolution to ratification a invalid general meeting of shareholders or non-existence of the resolution of the general meeting of shareholders, a resolution to ratification it can be invoked in the ratification system under the Civil Act if it is a resolution of the general meeting of shareholders that causes revocation. Accordingly, the defective general

(2) According to the reasoning of the judgment below, the defendant's representative director J, C and the defendant's auditor, who intends to hold the defendant's board of directors on August 6, 2015, sent a notice of convening the board of directors by registered mail to the plaintiff of the defendant's director, ② the defendant representative director J, directors L, and C attended the board of directors held on August 17, 2015 and resolved to hold a temporary general meeting of shareholders for the change of the defendant's articles of incorporation and executive officers; ③ the defendant's representative director J, K, K, C and the defendant's auditor, including the defendant's shareholder on August 19, 2015, as well as G, HI, K, C, and the defendant's auditor on August 19, 2015.