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1. Of the instant lawsuits, Plaintiff B and E among each of the items listed in the separate sheet at the general meeting of shareholders from August 12, 2018.
Reasons
1. Basic facts
A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a shareholder who owns 25,800 shares (43%) out of the total number of shares issued by the Defendant.
Plaintiff
B is a shareholder who owns 4,200 shares (7%) of the Defendant.
B. G was a shareholder of the Defendant’s 30,00 shares (50%) and was appointed as the Defendant’s representative director on December 29, 2016.
[Seoul High Court Order 2018Ra21314 dated February 13, 2019 (Provisional Disposition to Suspend Exercise of Duties). He transferred all of the shares owned to the defendant's assistant intervenor around August 2018.
C. On August 12, 2018, the Defendant held a general meeting of shareholders (hereinafter “instant general meeting of shareholders”) with respect to each of the items listed in the separate sheet (hereinafter “instant items”) on August 12, 2018.
In addition, only one of the three shareholders (G and 30,000 shares of the Plaintiff and G) of the Defendant’s total three (3) shareholders (G and 30,000 shares of the number of the Defendant) was present, among the instant agenda, the appointment of inside directors for the Defendant’s Intervenor and F (hereinafter “instant appointment resolution”) was resolved, and the appointment of inside directors for the Plaintiff B and E was rejected (hereinafter “instant appointment resolution”).
According to the resolution on the appointment of the instant case, the registration of the appointment of internal directors for the Intervenor and F was completed on August 13, 2018.
However, as Suwon District Court Decision 2018Kahap10282, the Plaintiffs filed an application with Defendant Intervenor and F to suspend the execution of duties, and the said court rendered a decision to suspend the performance of duties of Defendant Intervenor and F’s director until the instant judgment became final and conclusive on August 24, 2018.
E. According to the Defendant’s articles of incorporation (Article 24), the Defendant’s directors are appointed by a resolution of a majority of the shareholders’ voting rights and a total number of outstanding shares.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, 13, 14, 19, 24, and the purport of the whole pleadings.