(영문) 서울서부지방법원 2015.02.05 2014가합6626

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(영문) 서울서부지방법원 2015.02.05 2014가합6626

주주총회결의부존재확인등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant is a company established on February 4, 1997 for the purpose of wholesale business of building materials, housing construction business, etc., and issued 51,00 shares of 51,00 shares. 2) The Plaintiff was appointed as the Defendant’s internal director on January 6, 2012, and was dismissed on July 24, 2014.

B. The minutes of the special shareholders’ meeting as of July 24, 2014 (the minutes of the special shareholders’ meeting as of July 24, 2014) contain the following: (a) the minutes of the special shareholders’ meeting as of July 24, 2014 (the minutes of the special shareholders’ meeting as of July 24, 2014) stating that “the proposal that all two stockholders present at the special shareholders’ meeting held at the office of the defendant’s head office as of July 24, 2014 and the Plaintiff was passed with the consent of C shareholders (90.58%, 46,200 shares).”

2. The gist of the Plaintiff’s assertion was that the Defendant prepared a false meeting minutes of the board of directors without a resolution of the board of directors for the temporary general meeting of shareholders and issued a notice of convening the general meeting of shareholders to the Plaintiff. On July 24, 2014, the minutes of the temporary

Therefore, the plaintiff seeks to confirm that there is no resolution made at the special shareholders' meeting on July 24, 2014 by the defendant.

3. Determination

A. At around July 2014, the following facts were found in light of the overall purport of the arguments in Gap's evidence Nos. 1, 2, and Eul's evidence Nos. 2, 6, and 10. (A) around July 2014, the defendant's shareholder (1) issued shares of 51,000 shares. D and the plaintiff held shares of 4,800 shares (9.41%) of the defendant, 27,40 shares (53.73%) and 14,00 shares (27.45%) respectively.

(2) On October 8, 2013, E sold to C all the Defendant’s shares in KRW 140,000,000. D sold all the Defendant’s shares in KRW 48,00,000 to C on June 24, 2014.

(3) Accordingly, around July 2014, the Defendant’s shares held 4,800 shares (9.41%) and C owned 46,200 shares (90.58%).

(b).

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