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(영문) 춘천지방법원 2017.12.20 2017가합50112
주주총회결의부존재확인 등
Text

1. Of the instant lawsuit, the Defendant’s representative director, internal director, and auditor’s retirement resolution is made.

Reasons

1. Facts of recognition;

A. Defendant Company is a company established on September 28, 1994 for the purpose of manufacturing, selling, packing, etc., and the Plaintiffs and D are siblings.

B. The statement on the change of stocks, etc. of the defendant company is indicated as follows.

Name 3,500 J 5,500 5 E E 5,250 7,2507.5 D (Representative Director) 1,750 2,754.46 Plaintiffs A22,750 32,750 32,750 21,00 Ga B 21,00 Ga 21,00 G 8,375 375 96, 75 105 7, 375 7, 375 7, 375 475 7, 375 7, 775 05 7,0000 7,0000 7,000 or 7,000 or more of the total of 7,50,000 or more

C. In the meeting room of the head office 10:00 on November 7, 2016, the Defendant Company prepared the minutes of a temporary general meeting of shareholders to the effect that: (i) while five shareholders are present at the meeting room of the Defendant Company, the term of office of the representative director F, in-house directors F, G, H, I, I, and the auditorJ has expired on March 28, 2014; (ii) as the representative director and in-house director, in-house director, in-house director, and in-house director, in-house director, and in-house director, in-house director, and in-house director; and (iii) the resolution to amend the articles of incorporation of the Defendant Company was notarized on November 10, 2016.

(hereinafter referred to as the above provisional shareholders' meeting is called the "the above resolution" of the shareholders' meeting of this case, and the "each resolution" is called the "resolution of the shareholders' meeting of this case."

On November 10, 2016, the Defendant Company completed the registration as follows: (a) on March 28, 2014, the termination of the term of office on March 28, 2014; (b) on March 28, 2014; (c) on March 28, 2014, the representative director D, in-house directors D, E, and auditor F, respectively, on November 7, 2016.

E. The relevant contents of the articles of incorporation of the Defendant Company are as follows.

제8조(주식 및 주권의 종류) 당 회사의 주식은 보통주식으로서 전부 기명식으로 하고 주권은 壹주권, 拾주권, 百주권, 五百주권의 4종으로 한다.

Article 9 (Non-bearing of Share Certificates) A company shall not adopt a system for non-bearing of share certificates.

Article 11 (Transfer of Title) (1) The shares of a company shall be transferred.

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