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(영문) 서울중앙지방법원 2015.01.29 2014가합36714
감사선임확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Party status 1) The Defendant is a company with the purpose of long-term lease of industrial facilities, such as measuring instruments and office automation devices, etc. 2) The Defendant is a shareholder of the Defendant company both of the following: (a) the management of human resources (hereinafter “human resources management”); (b) the Chemical Partnership Co., Ltd. (hereinafter “LSS Partnership”); (c) the AS East Co., Ltd. (hereinafter “AS Partnership”); (d) the AS Construction Co., Ltd. (hereinafter “AS Construction”); and (e) the Orix Ltd. (hereinafter “AS Construction”).

The total number of shares issued by the defendant is 3,461,118 shares, and the number of shares held by each shareholder and the shares held by each shareholder are as listed below (attached Table 1).

[Attachment 1] The number of shareholders owned by AS construction is an affiliated company of AS Dong, 3,460,45899.989.98.3) The Defendant held a regular general meeting of shareholders on March 25, 2014 at 10 a.m. (hereinafter “instant general meeting of shareholders”).

The general meeting of shareholders of this case attended the meeting as a shareholder of the foreign assets management, the foreign partnership, the AS East, the AS Construction as a shareholder.

2) C was the auditor of the Defendant Company at the time and was at the expiration of the term of office. Accordingly, C’s president (the representative director D, hereinafter the same shall apply)

A) The general meeting of shareholders of this case is "cases of approval of the progress of audit and inspection" with the contents of putting C as an auditor at the general meeting of shareholders of this case (as referred to in subparagraph 3 and hereinafter referred to as

A) The proposal was presented. However, the classical asset management is the shareholder proposal right to appoint the Plaintiff as the auditor of the Defendant Company. (No. 6; hereinafter referred to as “the agenda for appointment of the auditor”).

It was proposed to consolidate and deal with the agenda items to be approved for the appointment of the auditor. The Chairperson together presented the agenda items to be approved for the appointment of the auditor. 3) The Secretary shall be the defendant.

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