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(영문) 대구지방법원서부지원 2013.11.15 2012가합5217
주주총회결의 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is a company established for the purpose of manufacturing and selling steel products, and the plaintiff is a shareholder who owns 7 million shares of the defendant company.

B. C Co., Ltd., a minority shareholder of the Defendant Company, filed an application for a permit to convene an extraordinary general meeting of shareholders on June 24, 2011, with the vice branch of the Daegu District Court 201BC, which aims at the removal of the executives of the Defendant Company and the subsequent appointment of the executives. Accordingly, the Defendant Company held an extraordinary general meeting of shareholders on June 24, 201.

C. At the above temporary general meeting of shareholders on June 24, 2011, the Defendant Company dismissed Nonparty D, E, F, G, H, I, I, and auditor J, and the said agenda was resolved upon by the resolution of the appointment of K, L, M, N,O, P, and Q as an auditor (hereinafter “resolution of the general meeting of June 24, 201”), and each of the above agenda was resolved.

Then, some shareholders, including the Plaintiff, filed a lawsuit seeking confirmation of the absence of the resolution of the general meeting on June 24, 201, at the Daegu District Court Branch Decision 201Gahap26000, which was rendered on the ground that the defect in the method of resolution of the general meeting cannot be deemed to constitute a serious defect to the extent that it falls under the non-existence of the non-existence of the resolution. However, the dismissal decision was rendered on the ground that even if the resolution was revoked on the ground of the defect in the method of resolution, it does not assist the interests of the Defendant or the shareholders. Accordingly, the plaintiffs of the above case are currently pending in the lawsuit under the Daegu High Court Decision 201Na1

E. Meanwhile, on October 5, 2012, the U.O., the representative director of the Defendant Company, held a board of directors on October 5, 2012 and passed a resolution to hold a general meeting of shareholders on November 27, 2012 for the resolution of the agenda item in the separate sheet at the meeting of four of the seven directors (hereinafter “the resolution of the board of directors of this case”).

F. The temporary shareholders’ meeting held on November 27, 2012 by the above resolution of the board of directors (hereinafter “instant general shareholders’ meeting”) is held on November 27, 201, the total number of shares issued by 7,271 is 50,964.

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