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Reasons
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(영문) 서울고등법원 2017.07.06 2016나2058469
주주총회결의 부존재확인 등의 소
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation on this part is as follows: (a) the first B/B of the judgment of the court of first instance is sealed in the table below; and (b) subsequent to the second 8th of the judgment, the second 8 is identical to the second 5 to third 11 of the judgment of the court of first ; and (c) the second 5 to the third 11 of the judgment, except for the addition of “no stock certificates have been issued with respect to the Defendant’s shares.” Therefore, this part is cited in accordance with the main text of

on October 16, 1989, 199 December 16, 1989, 4,500 G 7,500 G 7,500 G 7,500 G 7,500 G 7,500 G 1,500 7,5000 H 1,500 H 7,500 H 7,500 H 7,500 H 3,500 9,00 24,00 72,000 G 72,000 G 40,50 72,000 G 18,50 40,00 G 9,30 Y 30,90 E 90,30,00 G 18,500 shares from each of the Plaintiff’s acquisition of 0,300 G 50 shares from 16,500 shares 0,600 shares G 9,500 shares.

2. The parties' assertion

A. The Defendant’s shares 49,500 shares held by the Plaintiff (which correspond to 5% of the Defendant’s total shares; hereinafter “instant shares”) are donated to the Plaintiff, and owned by C. C unilaterally changes the name of the Plaintiff’s shares on the Defendant’s shareholder registry to C. After holding a general meeting of shareholders on April 6, 2015 (hereinafter “instant general meeting of shareholders”) without giving any notice to the Plaintiff, who is a beneficial shareholder, and passed a resolution to appoint C, K, and C as a new internal director. The above general meeting of shareholders is a serious defect to the extent that it cannot be deemed that there was a resolution to convene the general meeting of shareholders and the method of resolution.

Therefore, the absence of the general meeting of shareholders of this case is confirmed and its revocation is sought primarily.

B. The name of the Plaintiff was the name of the Plaintiff.

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