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(영문) 부산지방법원동부지원 2015.05.14 2014가합101902
주주총회결의부존재확인등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a company established for the purpose of marine leisure sport business, and G is the defendant's representative director.

B. On April 3, 2014, I transferred 6,00 shares in the Defendant to Plaintiff A, and G transferred 6,00 shares in the same year.

6.4. On April 1, 200, Plaintiff B transferred 10,000 shares of the Defendant to Plaintiff C, 8,000 shares of the Defendant to Plaintiff C, and 10,000 shares of the Defendant to Plaintiff D around 2014 (hereinafter collectively referred to as “transfer of the instant shares”).

C. A resolution was made to appoint G, F, and H as an internal director, and J as an auditor, at the Defendant’s temporary general meeting of shareholders (hereinafter “instant general meeting of shareholders”) on June 30, 2014, and G registered the same contents.

G, F, and H decided on July 16, 2014 to hold the Defendant Council (hereinafter “Board of Directors of this case”) and issue new shares of 200,000.

E. The Defendant did not give notice to the Plaintiff A, B, and D for the purpose of holding the general meeting of the instant case.

F. At the time of the general meeting of shareholders of this case, G was registered as holding 76,00 shares (76%) and Plaintiff C as holding 12,00 shares (12%) and I and K as holding 6,00 shares (6%) respectively.

G. On July 3, 2014, Plaintiffs G, L, and C drafted an agreement on the shareholder share participation (hereinafter “instant agreement”). G, L, and Plaintiff C’s name at the time of the instant agreement: The name of the corporation of the shareholder share participation agreement: (a) the purpose of the instant agreement: (b) the general meeting of shareholders, the resolution of the board of directors, and the agreement on the shareholder share participation: (c) the following implementation is made:

Contents: A participant who agrees to distribute 20% of the shares of 100% in investing KRW 1 billion: A participant who agrees to appoint M as a joint representative director and participate in management: A representative director G, L and C's name and sign a resident registration number on the side of the name of each representative director G, L and C.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6 (including each number), Eul evidence 6, the purport of the whole pleadings

2. The plaintiff.

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