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(영문) 광주지방법원 2014.02.20 2013가합52891
임시주주총회 결의 부존재확인의 소
Text

1. In the case of Gwangju Northern-gu E and the second floor:

(a) Holding on April 10, 2013 0:00 and holding inside directors F, G, H, I, J, K, L, and audit.

Reasons

1. Basic facts

A. The Defendant is a company that completed the registration of incorporation on July 29, 2005, and F was appointed as the Defendant’s representative director on June 12, 201, and the total number of the shares issued by the Defendant is KRW 100,000 (in the face value of KRW 10,000) of ordinary shares, and no share certificates have been issued until now.

B. The Defendant’s shareholder registry entered as the first P 42,00 shares, Q Q 30, R 18,000 shares, and S 10,000 shares, respectively. However, G filed a claim against Defendant, P, Q, R and S as the District Court 2006Gahap981, as the above court 2009GaGa6623, for each transfer of rights against the Defendant and R., as the above court 2009Ga623. As a result of each of the above lawsuits, the Defendant’s shares held by Q 45,00 shares, P 21,00 shares, P 15,00 shares, F 10,00 shares, S 5,00 shares, and R 4,00 shares, respectively.

C. On May 30, 2012, P transferred 21,00 shares of the Defendant’s possession, Q Q 15,00 shares of the Defendant’s possession, and R 4,000 shares of the Defendant’s possession. On May 30, 2012, S transferred 5,00 shares of the Defendant’s possession to U.S., and P, Q, R, and S notified the Defendant of each of the above transfers by mail.

On September 3, 2012, as of September 3, 2012, the Defendant’s shareholder registry listed F in F as holding 45,000 shares, the Plaintiff’s 10,00 shares, P as 21,00 shares, Q as 15,00 shares, U as 5,00 shares, and R as 4,00 shares.

E. On April 10, 2013, V, T, and U held a temporary general meeting of the Defendant (hereinafter “instant general meeting of shareholders”) on April 10, 2013, and resolved to dismiss, respectively, inside directors F, G, H, I, J, K, L, and audit M, and to appoint each in-house director, N, and Defendant Intervenor C as Defendant Intervenor and Defendant Intervenor D as the auditor.

F. N,O, C, and D hold a meeting of the Defendant’s board of directors (hereinafter “Board of Directors of this case”) on April 10, 2013 to move the Defendant’s head office to Gwangju North-gu E and second floor, and the representative director.

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