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(영문) 서울중앙지방법원 2018.04.20 2016나44409
지분금반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant related to the parties is an accounting firm established on March 4, 201 under the Certified Public Accountant Act by setting the total amount of capital KRW 500 million and the amount of one investment share as KRW 10,000,000, respectively. The Plaintiff is a person registered as a director holding 30 million shares of the Defendant from November 24, 201 to the date of closing argument of the instant case.

B. On October 15, 2015, the Plaintiff sent a content-certified mail to the effect that the Plaintiff requested the Defendant to delete from the list of the registered directors when requesting the Defendant to withdraw from the membership.

C. The name, resident registration number, address and investment of Chapter 2 of the Defendant’s Articles of Incorporation and a certified public accountant (name, resident registration number and address of director) who is a director under Article 7 (Name, resident registration number and address) related to the instant case are as shown in

Article 11 (Joining and Withdrawal of Members) (1) Any person who intends to become a partner may, upon the recommendation of the representative director, join the general meeting of members by a special resolution.

(2) A member shall withdraw from the membership in any of the following cases:

1. Where a certified public accountant has been cancelled under Article 9 of the Certified Public Accountant Act;

2. Where he is subject to the disposition of suspension of practicing under Article 48 of the Certified Public Accountant Act;

3. When a resolution has been made at a general members' meeting (including the case where it is made at the request of the person in question).

The general meeting of members under Article 13 (General Meeting of Members) of the third general meeting shall be comprised of members, and the general meeting of this corporation shall be the general meeting and the special general meeting, and the general meeting shall be held within 90 days from the end of each business year, and the general meeting may be held from time to time,

Article 14 (Convocation of General Meeting) (1) The representative director shall notify each member of the date of the general meeting and the purpose of the convocation of the general meeting one week prior to the date of the general meeting in writing.

(2) The total number of equity shares held by several members shall be the total capital.

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