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(영문) 서울남부지방법원 2013.07.04 2013노606
공정증서원본불실기재등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, at the temporary general meeting of shareholders of E Co., Ltd. (hereinafter “instant company”) on December 6, 2007, seven additional directors were appointed against the court’s decision to permit the convocation of a “temporary general meeting of shareholders for the purpose of meeting one new director.”

Even if the above seven directors are additionally appointed, the resolution of the general meeting of shareholders (hereinafter referred to as the "resolution of the general meeting of shareholders of this case") is merely a ground for revoking the resolution of the general meeting of shareholders, and does not constitute a ground for

Therefore, the resolution of the general meeting of shareholders of this case is valid unless the resolution of this case is revoked.

(2) Home Affairs, even if the resolution of the general meeting of shareholders of this case is null and void, the temporary general meeting of shareholders of the company of this case was held on February 22, 2008 and the resolution to dismiss the directors N and P from the position of directors was adopted on December 6, 2007, and all eight directors appointed at the temporary general meeting of shareholders of this case were resigned from the position of directors, and immediately thereafter the resolution to reconstruct the above eight directors was passed. Thus, the defect of the resolution of the general meeting of shareholders of this case was cured and valid by the resolution of February 22, 2008, and the resolution of the general meeting of shareholders of this case can be deemed to have ratified the resolution of this case which was defective on February 22, 2008. Accordingly, the resolution of this case is valid.

(3) Furthermore, the Defendant’s act as stated in the facts charged of the instant case constitutes a crime of false entry in the authentic copy of a notarial deed and elements of the said crime.

However, in light of the motive, purpose, means, methods, urgency, etc. of the above act, it is justified as a justifiable act that does not violate social rules under Article 20 of the Criminal Act.

(4) As above, the resolution of the general meeting of shareholders of this case even if it violates the court’s decision.

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