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(영문) 부산지방법원 2017.12.20 2016가합40494
주주총회결의 부존재확인 등 청구의 소
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1. The plaintiff B's lawsuit against the defendant C is dismissed.

2. Plaintiff B’s claim against Defendant D and Plaintiff A.

Reasons

1. Basic facts

A. The Defendant C Co., Ltd. (hereinafter “C”) is a company that engages in real estate sales, lease, etc.

Plaintiff

A was appointed as an internal director of Defendant C on January 13, 2015, and as the representative director of Defendant C on October 19, 2015. However, on January 14, 2016, the inside director and the representative director were dismissed. Defendant D, as the actual operator of Defendant C, is in service as the auditor of Defendant C from January 14, 2016 to the present date.

Plaintiff

B is the children of Plaintiff A and Defendant D.

B. At the time of establishment of January 13, 2015, Defendant C issued 400,00 shares per share (500 won per share) and issued additional shares 1,132,000 shares (50 won per share) on February 10, 2015. At the time of February 10, 2015, Defendant C’s shareholder registry owned 383,000 shares among the total shares issued 1,532,000 shares, respectively, and Nonparty C owned 746,00 shares at the above 1,50 shareholders’ general meeting (hereinafter “Defendant C1”) on September 28, 2015, Defendant C signed the temporary shareholders’ meeting at the time of the above 1,532,00 shares and the provisional shareholders’ meeting at the time of the Plaintiff’s general meeting at the time of the above 20th shareholders’ meeting at the time of the above 1,500 shares issuance.

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