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(영문) 광주지방법원장흥지원 2017.12.12 2017가합597

총회결의 무효확인

Text

1. The part seeking confirmation of invalidity of the resignation resolution among the lawsuits filed by Plaintiff A and the remaining plaintiffs' lawsuits are all filed.

Reasons

1. Basic facts

A. The Defendant is a corporation established on July 28, 2015 for the purpose of passenger transport service, etc., and the amount of equity investment of partners at the time of its establishment is as follows:

R 10,000 20,000 20,000 Q 10,000 Q Q 10,000 20,000 20,000,000 N 10,000 20,000 20,000 20,000 20,0000 20,0000 20,0000 20,000 20,000 20,000

Before the transfer of the number of contribution units in paragraph (1) has been made, the entire shares of the union members held by M shall be transferred to M, and the number of contribution units in M shall be 30,000,000.

10,000 10,000 10,000,000 P 10,000 1,000 10,000 10,000,000 10,000,000

B. On April 3, 2017, M, the Defendant’s president and director, Q Q, the Defendant’s director, N, and P transferred all the shares of each member to I, S, J, K, and L, respectively (see the table below), and on April 3, 2017, the Defendant submitted to the Defendant a letter of resignation that each member is dismissed from office to the Defendant as a transferee, M I 3,000,000 of the transfer or acquisition amount of shares (won) in Q Q Q Q Q Q 20,000, 200,000 N J 20,000, 2000,000O K 20,0000 P L 1,000,00000 P L 1,000,000000,00000

C. On April 3, 2017, the Defendant held the instant general meeting and made a resolution to change the members M, Q, N,O, P, to the members I, S, J, K, and L (hereinafter “instant resolution”) (hereinafter “instant resolution”), and (ii) a resolution to select directors as directors, J, K, and L as auditors, and S as auditors (hereinafter “instant resolution”) by holding the instant general meeting on April 3, 2017. However, the Plaintiffs did not seek confirmation of invalidity with respect to the resolution to elect the auditors. D.

The part relating to the issue of this case in the defendant's articles of incorporation is as shown in the annexed articles of incorporation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 5, 6, Eul evidence Nos. 1 through 5, 17 (including branch numbers), and the purport of the whole pleadings

2. Determination on this safety defense

A. The plaintiffs to the purport of the defense are "the defendant's defense" under Article 12 of the Passenger Transport Service Act.