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(영문) 대구지방법원 2018.10.04 2017가합209383
주주총회결의취소
Text

1. The resolution of the Defendant’s general meeting of shareholders to appoint D, E, and C as directors on November 25, 2017 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On November 29, 201, the Defendant is a corporation incorporated with capital of 5 million won (=500 weeks x 10,000 won per share) for the purpose of the distribution, processing, storage, sale, etc. of agricultural products on November 29, 201, and D and E are couples, and the Plaintiff is E’s partner.

B. From November 29, 2011 to April 8, 2014, the Defendant’s shareholder changed as follows:

52% of the capital increase of KRW 196 million established by the Defendant on April 8, 2014 on April 29, 2012, 201, 201: 50% of the capital increase of KRW 196 million on April 8, 2014; 250% of KRW 52% of KRW 5,250,52% of KRW 15,600 on April 250, 250, 250; 28% of KRW 28% of KRW 28,400, KRW 28% of KRW 3 E 2,000, KRW 20% of KRW 20% of KRW 500,100, KRW 30,000.

C. 1) D, the Defendant’s representative director, is the following list of shareholders on March 14, 2016 (hereinafter “first list of shareholders”).

(2) The Plaintiff acquired shares of 10,000 GH 10,000 G 10,000 G H 10,000 9,000,0000 90,000,000 5,100,000 51,000 J K 10,000,000 10,000 10,000,000 10,500,000 10,500,500 15,000,000 10,50,000 15,000,00 20 on March 14, 2016, the Plaintiff acquired shares of 10,50,00 shares from the head of the tax office around March 31, 2016; 10,50 shares held by the Defendant’s 0,50 shares shares shares shares held by 10,005 shares held by the Plaintiff.

3) On May 25, 2016, D, the Defendant’s representative director, was granted loans from the Small and Medium Business Corporation under the name of the Defendant, and the Defendant’s shareholder submitted a list of shareholders stating that the Defendant’s shareholder is equal to that of the first shareholder registry. 4) D, G, Plaintiff, and J held the Defendant’s extraordinary general meeting on November 22, 2016 without prior notice of 14 days, but written a document stating that the entire shareholder consents to the holding of the shareholders’ meeting.

1 D and E shall be January 24, 2017.

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