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(영문) 부산고등법원(창원) 2020.11.19 2020나12168
회사에 관한 소송
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. In the first instance court, the Plaintiffs filed a claim for confirmation of invalidity of each resolution of the general meeting of shareholders entered in the separate meeting of shareholders as stated in the separate meeting of shareholders as stated in the separate meeting of shareholders, absence of each resolution of the board of directors listed in the separate meeting of shareholders, and absence of each of the new shares listed in the separate list of new shares listed in the separate meeting of shareholders as stated in the separate list of new shares listed in the separate meeting of shareholders. The court of first instance decided to change the Defendant’s total number of shares to 10,000 shares in the Defendant’s articles of incorporation from March 7, 2017 to 10,000 shares among the resolution of each general meeting of shareholders listed in the separate meeting of shareholders listed in the separate list of new shares of the separate meeting of shareholders, E and G as the Defendant’s internal director, and H as the Defendant’s auditor; ② a resolution to appoint F as the Defendant’s internal director on July 10, 2018; ③ the Plaintiffs’ claim for confirmation of the non-existence of each resolution of the general meeting of shareholders as stated in the separate list of shareholders

The remaining claims of the plaintiffs were dismissed in the corresponding part of the lawsuit.

Accordingly, since only the defendant appealed against the part against it, the scope of the judgment of this court is limited to the part cited in the judgment of the first instance among the plaintiffs' respective claims.

2. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the part of the reasoning of the judgment of the court of first instance [excluding the part of rejection (Articles 5 through 9, 1)], except where the defendant adds a judgment as to the argument emphasized by the court of first instance or added by the court of first instance as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the

The defendant filed a transfer request to the defendant.

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