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(영문) 대법원 2015.12.10 2013다77546
주주총회결의취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal on violation of the Notary Public Act and Articles 31 subparagraph 1 and 51 of the Attorney-at-Law Act, in a case where the other party raises an objection against the court with respect to an attorney-at-law's procedural acts in violation of Article 31 subparagraph 1 of the Attorney-at-law Act and Article 51 of the Attorney-at-law Act, such procedural acts shall be null and void, and the court to which the other party has received an objection shall not allow the attorney-at-law to take part in the lawsuit. However, if the other party knew or could have known such fact, but did not raise any objection until the time of the closure of arguments in the court of fact-finding, the procedural acts shall take full effect under the Civil Procedure Act (see, e.g., Supreme Court Decision 2003Da15556, May 30, 2003). This part of the grounds of appeal is a new argument that was made only in the final appeal, and even if there was a violation of the Attorney-at-law

2. As to the grounds of appeal as to the primary claim, the lower court publicly announced the timing and date of closing the shareholders’ list through W-day economic examination, and notified 9 persons except one shareholder who was unable to grasp his domicile due to the change of administrative district on September 10, 2010 in writing. The convening of the shareholders’ meeting of this case was made on February 18, 2009 by a legitimate resolution of the Defendant Company’s liquidators’ meeting, and thus, cannot exercise the shareholders’ right to the resolution of the instant shareholders’ meeting.

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