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(영문) 서울고등법원 2009. 6. 11. 선고 2008나97951 판결
[주주총회결의취소][미간행]
Plaintiff, Appellant

Plaintiff (Law Firm Rate, Attorneys Shin Sung-sung et al., Counsel for the plaintiff-appellant)

Defendant, appellant and appellant

Defendant Co., Ltd. (Attorneys Lee Nam-nam et al., Counsel for the defendant-appellant)

Conclusion of Pleadings

May 7, 2009

The first instance judgment

Seoul Central District Court Decision 2008Gahap49481 Decided September 24, 2008

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1. Purport of claim

The resolution of appointment of Nonparty 1 (non-party to the judgment of the Supreme Court) of the auditor at the 52 regular shareholders meeting held on March 27, 2008 by the defendant is revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of the judgment of the court is the same as that of the judgment of the court of first instance, and thus, it is accepted by the main text of Article 420 of the Civil Procedure Act

2. Conclusion

Therefore, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is just and it is dismissed as the defendant's appeal is without merit. It is so decided as per Disposition.

Judges Kang Young-ho (Presiding Judge)

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