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(영문) 대구지방법원김천지원 2015.09.24 2011가합1593
손해배상(기)
Text

1. The instant lawsuit was concluded on July 1, 2013 as the withdrawal of the lawsuit.

2. The costs of lawsuit incurred after the completion of the lawsuit are the Plaintiff.

Reasons

1. Basic facts

A. On June 12, 1985, the Plaintiff is a corporation established for the purpose of air route passenger transport service, etc., and the Defendant, the Defendant’s wife C, and D are the Plaintiff’s shareholders. The Defendant is the Plaintiff’s representative director from February 11, 2008 to January 6, 201, D’s type E is the Plaintiff’s representative director from January 6, 201 to February 22, 2012, and F is the Plaintiff’s representative director from February 11, 2008 to March 31, 2011, respectively.

B. A resolution of a special shareholders’ meeting as of June 27, 2013 and related litigation 1) The Defendant obtained permission from a court to convene a special shareholders’ meeting (Seoul High Court Order 2012Ra48, Jun. 5, 2013) and obtained a temporary shareholders’ meeting as of June 27, 2013 (hereinafter “temporary shareholders’ meeting as of June 27, 2013”).

In the above provisional shareholders' meeting, the defendant, C, and I were appointed respectively as the plaintiff's director. The plaintiff's board of directors held on the same day was appointed as the plaintiff's representative director. 2) D and E filed a lawsuit against the plaintiff against the plaintiff on June 27, 2013 (Seoul District Court Decision 2013Gahap1405) seeking confirmation of the non-existence of the resolution of the provisional shareholders' meeting (Seoul District Court Decision 2013Gahap1405) (the defendant participated in the lawsuit above). The above court rendered a judgment dismissing all claims of D and E on May 30, 2014, and thereafter dismissed all appeals and appeals of D, E.

(Seoul High Court 2014Na2434, Supreme Court 2015Da2409). C.

The Plaintiff’s temporary shareholders’ meeting (hereinafter “temporary shareholders’ meeting as of July 17, 2013”) asserting that D, etc. was held on July 17, 2013 by the resolution of the temporary shareholders’ meeting as of July 17, 2013 and related litigation 1) D, etc.

(2) The Plaintiff’s board of directors asserted that D, E, J, K, and L were held on the same day, and D was appointed as the Plaintiff’s representative director. (2) The Defendant, C, and C, on July 17, 2013, seek confirmation of the absence of a resolution of the temporary general meeting of shareholders by the Plaintiff.

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