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(영문) 대구지방법원 포항지원 2018.03.23 2017가합11471
회사에 관한 소송
Text

1. The Defendant’s resolution of the special shareholders’ meeting as of August 4, 2015, the resolution of the board of directors, the special shareholders’ meeting as of May 23, 2016, and the special shareholders’ meeting as of May 2016.

Reasons

1. Indication of claim;

A. The intervenor in the plaintiff co-litigation is the defendant's shareholders.

B. E held a temporary shareholders’ meeting on August 4, 2015, which was recorded in a false shareholders’ meeting without a notice of convening a notice for convening the actual shareholders, including the Plaintiff-Co-litigants, and passed a resolution to appoint directors and auditors at the above temporary shareholders’ meeting. The directors who were unlawfully appointed were holding a board of directors on the same day and passed a resolution to appoint E as the representative director.

In addition, a resolution was made to appoint auditors and company directors at the special shareholders' meeting held on May 23, 2016, the special shareholders' meeting held on the basis of the above false shareholders' list prepared by E, the special shareholders' meeting held on June 27, 2016, the special shareholders' meeting held on August 30, 2016, and the special shareholders' meeting held on August 30, 2016, and each of the above provisional shareholders' meetings held the board of directors held on August 30, 2016, and passed a resolution to appoint the representative director.

C. Ultimately, the Defendant’s resolution and resolution of the board of directors on August 4, 2015, that of the temporary general meeting of shareholders as of May 23, 2016, that of the temporary general meeting of shareholders as of June 27, 2016, that of the temporary general meeting of shareholders as of June 27, 2016, that of the temporary general meeting of shareholders as of August 30, 2016, that of the board of directors as of August 30, 2016, that of the board of directors as of October 5, 2016, there are no resolutions of the board of directors as of October 5, 2016, and the Plaintiff’s

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts.

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