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(영문) 수원지방법원안양지원 2016.12.16 2015가합104423
주주총회결의취소
Text

1. A resolution on the agenda indicated in the attached Table 1 list prepared by the Defendant at a temporary general meeting of shareholders on November 28, 2015, and on December 10, 2015.

Reasons

1. Basic facts

A. The status of the parties is a company established on March 29, 2001 and engaged in the business of manufacturing and selling test machines and automation machinery. At the time of October 13, 2015, the Plaintiff is a shareholder registered as holding 4,000 shares equivalent to 20% of the Defendant’s shares issued in the Defendant’s name as of October 13, 201 and was an auditor of the Defendant.

C is a shareholder of the defendant and the only in-house director who represents the defendant.

B. On September 30, 2008, on December 30, 2009, on the 130th of December 201, 2015, the number of shareholders as to the number of shares held by the shareholders was 1 C2,000 C 5,150 C 10,300 C 8,500 2 D 1,000 G 2,000 G 4,000 J 2,000 J 2,00, 2,003 H 2,50 H 250 H 250 H 250 H 1,200 K 250 K 1,200 K 1,200 K 1, 2004 F 700, G 200 G 100, 200 G 200, 300, 305, 306, 3005, 200

C. 1) The Defendant convened a temporary shareholders’ meeting on November 28, 2015, and did not give a notice of convening a temporary shareholders’ meeting to the Plaintiff on the ground that the Plaintiff is not a beneficial shareholder. Ultimately, on November 28, 2015, a resolution was made on the agenda indicated in the separate sheet No. 1, stating that the Plaintiff is dismissed from the Defendant’s audit at the Defendant’s temporary shareholders’ meeting held in the state that the Plaintiff was excluded on November 28, 2015. (2) The Defendant convened a temporary shareholders’ meeting as of December 10, 2015 without the notice of convening the Plaintiff, and was resolved on the agenda indicated in the separate sheet No. 2, wherein the Plaintiff is reappointed as the representative at the Defendant’s temporary shareholders’ meeting held in the state that the Plaintiff was excluded on

[Reasons for Recognition] Unsatisfy, Gap 3 to 5, 7.

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