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(영문) 서울고등법원 2018.01.11 2017나2018567
주주총회결의부존재확인등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance except for the cases where a part of the reasoning of the judgment of the court of first instance is changed as stated in the reasoning of the judgment of the court of first instance, and thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure

2. Parts to be dried;

(a)the following shall be added between conduct 6, 15 and 16, of the judgment of the first instance:

【The Plaintiff asserted that the Plaintiff’s shares are 2.97% of the total number of shares issued by the Defendant Company as of May 7, 2014, since the number of shares issued by the Plaintiff is 3,000 shares out of the total number of shares issued by the Defendant Company and the Plaintiff’s shares are 101,000 shares issued by the Defendant Company. As such, the Plaintiff asserts to the effect that the total number of shares issued by the Defendant Company is 9,000 shares and 3,000 shares among them are the Plaintiff’s shares owned by the Plaintiff. In light of the above facts and evidence, the Plaintiff’s assertion that the total number of shares issued by the Defendant Company was increased from 9,00 to 101,00 shares issued by the Defendant Company due to the issuance of new shares in this case can be acknowledged according to the above facts and evidence, and there is no evidence to find that the resolution to issue new shares in this case, which was made on May 7, 2014, cannot be seen as invalid by law.

(b)the following shall be added between conduct 13 and 14 of the first instance judgment:

As to this, the Plaintiff is a shareholder of the Defendant Company B and C, and thus, Defendant B.

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