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(영문) 서울고등법원 2018.04.10 2017재나155
임시총회결의무효확인
Text

1. The instant lawsuit for retrial was concluded on August 31, 2017, following the withdrawal of the Defendant (Plaintiff)’s lawsuit.

2. Application for designation of the date;

Reasons

1. Facts of recognition;

A. F and G were appointed as the Defendant’s temporary director on May 26, 2014 by Seoul Central District Court 2014 non-conforming71, and on October 27, 2015, G was elected as the Defendant’s president at the Defendant’s extraordinary general meeting.

B. On April 29, 2016, the Seoul Central District Court rendered a judgment in favor of the Plaintiff on April 29, 2016, and the Seoul High Court rendered a judgment dismissing the appeal by the Defendant (the provisional director F and G) as the head of the Seoul High Court on September 29, 2016, on the grounds that the Defendant’s representative was represented by the temporary director F and G, and that the Defendant sought confirmation of invalidity of the said resolution of the special general meeting, and the Seoul Central District Court rendered a final and conclusive judgment by the Supreme Court on January 20, 2017.

C. On January 25, 2017, A applied for the appointment of a provisional director by the Defendant, and the Seoul Central District Court decided to appoint L and M as a provisional director by the Defendant on April 5, 2017. On July 12, 2017, the Seoul Central District Court rendered a decision to dismiss A’s application for the appointment of a provisional director on October 24, 2017. The said decision was finalized by the Supreme Court on March 21, 2018.

G filed a lawsuit on February 20, 2017 on the premise that he/she is the representative of the defendant, seeking the revocation of the judgment subject to a retrial and the judgment of the court of first instance, and the dismissal of the Plaintiff’s claim to nullify the invalidity of the above resolution of the special general meeting. Before the Defendant’s provisional director’s revocation of the decision of appointment, M submitted a written withdrawal of the instant lawsuit on behalf of the defendant on August 28, 2017 on behalf of the defendant, and the Plaintiff consented to the withdrawal of the said lawsuit on August 31, 2017.

E. G filed an application for fixed date designation with this court on September 6, 2017 and October 27, 2017 on the premise that he/she is the chairperson of the defendant himself/herself.

[Grounds for recognition] The entry of Gap evidence Nos. 3, 21, and 22, the substantial facts to this court, and the purport of the whole pleadings

2. The application for the appointment of a provisional director is a non-contentious case which has become effective once as a non-contentious case.

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