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(영문) 서울고등법원 2018.06.22 2018나2017868
회사에 관한 소송
Text

1. The Defendant F’s Intervenor F’s appeal is dismissed.

2. The Intervenor E’s motion to intervene in the Intervenor E.

Reasons

1. Basic facts

A. The Defendant is a company established for the purpose of agricultural product processing business, etc., and the Defendant’s shareholder as of December 20, 2016 is a company separate from the Defendant H.

(80,000 shares), plaintiffs (16,00 shares), I, J, and K (each of 8,00 shares).

B. The Plaintiff, as a shareholder and representative director of the Defendant, was engaged in prior consultation with the Intervenor F and L and the Defendant to sell all the shares and management rights.

As of May 7, 2017, as of May 7, 2017, a list of shareholders was prepared with the content that the defendant's shareholder is one (120,000 shares) of intervenor E (E).

(hereinafter “instant register of shareholders”). C.

The Intervenor F and L prepared the minutes of the extraordinary shareholders’ meeting on May 7, 2017, stating that the Intervenor E is one shareholder of the Intervenor E based on the instant shareholders’ list, and that “the Plaintiff and the Intervenor F, D, and G are appointed as a new director (standing the Plaintiff).”

In addition, the Intervenor F and L prepared the minutes of the board of directors’ meeting on the same date as the Plaintiff and Intervenor F, D, and G attended the directors and “D as the representative director”.

On May 12, 2017, the Intervenor F and L obtained certification of the minutes of the above provisional shareholders' meeting and the minutes of the board of directors' meeting from a notary public, and on the same day, the registration of the change of the executive of the defendant was completed in accordance with the minutes of the above provisional shareholders' meeting and the

E. On January 19, 2018, the court of first instance rendered a judgment accepting all the Plaintiff’s claims, and against this, the Defendant and the Defendant Defendant D and the Defendant Defendant D withdrawn the application for intervention in the trial. The appeal was not filed.

【Ground for recognition】 The fact that there is no dispute, Gap's 1 through 9, 13, 14, Eul's 1, the purport of the whole pleadings

2. On February 5, 2018, the said intervenor appealed on February 5, 2018 when filing an application for intervention on the part of the Defendant, which was filed by the Intervenor F.

This Court, on June 1, 2018, rejected a motion to intervene in the Intervenor’s assistance on the first date for pleading.

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