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(영문) 서울중앙지방법원 2017.07.06 2016가단5138070
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 and 2 and all the arguments.

On March 25, 2016, the defendant company held the 34 regular shareholders' meeting from the second floor of the J building in Seocho-gu Seoul Metropolitan Government.

B. At around 05:10 on March 25, 2016, the Plaintiffs, as the shareholders of the Defendant Company, demanded the submission of the said position at the place of the said general shareholders’ meeting. However, the Defendant Company allowed the Plaintiffs’ position around 08:00 at the time of allowing entry of the general shareholders’ meeting.

2. The assertion and judgment

A. The plaintiffs' assertion that the defendant company held the visa from March 25, 2016 to 08:00, did not allow the plaintiffs' position while allowing the plaintiff's position at the meeting of the shareholders. As a result, the defendant company's above act constitutes an unlawful act contrary to the principle of shareholder equality and thus infringing the plaintiffs' rights. Thus, the defendant should pay damages for delay calculated at the rate of 15% per annum from the day following the day of delivery of a copy of the complaint of this case to the day of full payment.

B. Comprehensively considering the evidence submitted by the plaintiffs, it is insufficient to recognize that the defendant company allowed access only to the shareholders holding the visa by 08:00 on May 25, 2016 and discriminated against the shareholders in the access. It is insufficient to recognize that the defendant company's management had a friendly person take the front of the meeting place of the general meeting of shareholders. There is no other evidence to recognize it. The defendant company, who has the management authority over the meeting of the general meeting of shareholders, has one hour prior to the opening of the general meeting of shareholders.

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