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(영문) 춘천지방법원영월지원 2016.04.28 2015가합92
주주총회부존재확인
Text

1. The plaintiff A and B shall be dismissed respectively.

2. A resolution is adopted at a general meeting of shareholders as indicated in the separate sheet as of January 19, 2015 by the Defendant.

Reasons

1. Basic facts

A. The relationship between the parties and the change of the contents of the Defendant’s executive officers 1) are companies established for the purpose of the creation of the Tourism Leisure Complex. The Plaintiff C is the Defendant’s shareholder. (2) On June 1, 2013, Plaintiff A and B were appointed as the Defendant’s intra-company director, and were dismissed on March 28, 2014.

3) On or around March 28, 2014, E was appointed as the Defendant’s joint director; around May 30, 2014, F was appointed as the Defendant’s joint director; around March 28, 2014, the Defendant’s inside director; and around December 19, 2014, the Defendant’s joint representative director was retired from the above office as of December 31, 2014; on or around January 19, 2015, the Defendant’s joint representative director was appointed as of February 2, 2015; on the other hand, Plaintiff A and B dismissed Plaintiff A, B, etc. from the Defendant’s internal director as of May 30, 2014; on the other hand, the Seoul High Court’s decision against Plaintiff 2,014 or the Plaintiff’s joint representative director as of December 28, 2014, which rejected Plaintiff 2, including the Plaintiff’s absence of a resolution for nullification or nullification of the Plaintiff’s general meeting of shareholders.

(hereinafter “Prior Case”). B.

Around January 2, 2015, the resolution of the general meeting of shareholders of this case and F notified the Defendant’s shareholders of the convening of the general meeting of shareholders as of January 19, 2015 (hereinafter “instant general meeting of shareholders”) of each of the bills listed in the separate list No. 5 as the agenda items of the meeting. The proposal listed in Nos. 1, 2, and 4 of the separate list No. 5 of the separate list of shareholders of this case is the majority of the shareholders present (eight shareholders, the total number of eight shareholders, 200,000 shares issued and outstanding, and six shareholders (six shareholders, such as S&D, G, H, I, C, and J, and 146,67 shares issued and outstanding).

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