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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
Reasons
1. The reasoning of the court's explanation concerning the instant case is as follows: (a) deleted each share of the fourth instance judgment; (b) added the judgment on the Defendants' new argument at the trial; and (c) the part of the first instance judgment from 11th to 16th 14th 2 [the part "amount of damages to be compensated" in Article 20 of the Civil Procedure Act] other than using the same as the reasoning of the first instance judgment; and (c) thereby, it cited it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on new arguments in the trial
A. The Defendants’ assertion and determination as to the validity of the resolution of the general meeting of shareholders of this case are null and void for the following reasons. ① In convening the board of directors which decided to convene the general meeting of this case, the convening of the board of directors under Articles 30 and 30 (Convocation) of the Plaintiff’s articles of incorporation shall be set at the meeting and shall give notice to each director and auditor at any time before one week prior to the meeting. However, if all directors and auditors consent, the meeting may be held at any time without such procedures. ② The notice of convening the general meeting of shareholders of this case did not include the subject matter of the general meeting of this case. ② The notice of convening the general meeting of shareholders of this case contains defects in the notification procedure of convening the general meeting of this case under Article 363(2) of the Commercial Act. ③ The general meeting of shareholders of this case did not submit a document evidencing their power of representation; ③ Defendant B, who exercised voting rights on behalf of shareholders H and PCoC, was not a shareholder exercising voting rights on behalf of shareholders D and I; and thus, the resolution of the general meeting of this case constitutes a majority.