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(영문) 제주지방법원 2018.10.25 2017가합11205
주주총회결의부존재확인청구
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant was established for the purpose of creating theme park on May 16, 2007, and C was in office as a representative director from the time of its establishment to March 31, 2013 (whichever was between March 5, 2008 and March 31, 2013).

(2) The Plaintiff owned 53,334 shares issued by the Defendant (10.67%) from March 5, 2008 to March 31, 2013, as a shareholder, and held office as an internal director from March 31, 2013 to March 31, 2016.

B. The Defendant’s share ownership ratio as of 2016 is as follows. The Defendant’s share ownership ratio of 1 C 205,000 20,500 2D 100,000 2D 100,000 2D 200,000 3 E 3 E 66,6666, 13.33% 4 Plaintiffs 53,3345,3333 5,310.67% 5,50 25,005.0 6 G 25,005.0 25,505% of the shares issued under the name of 350,500 and 45% of the shares issued (i.e., 50% of the shares issued).

C. On March 31, 2017, the Defendant held a regular general meeting of shareholders on March 31, 2017, and approved the financial statements for the year 2016 with the consent of all six shareholders (89.33% of the attendance ratio) present (hereinafter the above general meeting of shareholders) on March 31, 2017 (hereinafter “the instant general meeting of shareholders”) (hereinafter “the instant general meeting of shareholders”) and the said resolution “the instant general meeting of shareholders

2) The Defendant’s audit report on the Defendant’s financial statements for the fiscal year 2016 stated that “The date of de facto confirmation of financial statements: the company’s financial statements are de facto final and conclusive at the instant shareholders’ meeting.”

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 13, 14 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion as to the cause of the claim shall be a company the total capital of which is less than one billion won and in case of convening a general meeting of shareholders pursuant to Article 363 of the Commercial Act, the defendant shall state the purpose, etc. of the general meeting in writing

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