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(영문) 의정부지방법원고양지원 2019.01.25 2018가합71215
주주총회결의부존재확인등
Text

1. There is no resolution that the Defendant appointed D as an internal director at the regular shareholders’ meeting on February 12, 2018.

Reasons

1. Basic facts

A. The relationship between the parties (1) Plaintiff B is the representative director of E Co., Ltd. (hereinafter “E”) from March 4, 2005, who performed his duties as the representative director.

(A) The Defendant Company is a company established on February 4, 2009, and the total number of outstanding shares is 10,000 shares and the capital is 50,000,000 won.

(A) (Evidence Nos. 2, 32, 44, 46, and 1). (3) Plaintiff B was in a marital relationship with D, the representative director of the Defendant Company, but the agreement was reached on January 15, 2018.

[A No. 13 (including virtual numbers, hereinafter referred to as "the number shall be included). (4) D worked in E before the establishment of the Defendant Company.

(A) (Evidence 56). (5) The plaintiff A is the relative of the plaintiff B, and was in charge of accounting affairs in E and the defendant company.

(A) Evidence No. 74, witness F.B.

On February 3, 2009, the details of the shareholder change on the list of shareholders of the Defendant Company: D 4,500 shares; (2) F 3,00 shares; (3) G 2,50 shares (Evidence A 4, 17; 73-3; 2) on November 23, 2011; (1) 4,50 shares; (2) F 3,500 shares; (3), A 2,500 shares (Evidence A 73-2); (2) on December 11, 2017; (3) on December 1, 201, 200; (4); (2) on May 2, 200 shares (Evidence A 3-3; 4; 2) on June 6, 2018; and (3) on May 1, 201, Defendant Company A 200 shares (Evidence A 3-4; 25, 2000 shares) on the list of shareholders;

C. The transfer (1) of the shares of the Defendant Company F by F was registered as an internal director of the Defendant Company from around 2005 to March 16, 2014 (the testimony of the witness F), and from February 4, 2009 to February 16, 2015, at the time of incorporation of the Defendant Company, as the internal director of the Defendant Company.

(Evidence A 2, 44).F had not yet settled retirement benefits at the time of withdrawal from E.

(Defendant F’s Witness F’s Testimony). (2) A request from Plaintiff B to “a request for a certificate of personal seal impression as necessary to revise the register of shareholders.”

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