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(영문) 수원지방법원 2019.05.08 2018가합18859
임시주주총회결의 무효확인 등 청구의 소
Text

1. The plaintiff B's lawsuit shall be dismissed.

2. The plaintiff's primary and conjunctive claims are dismissed, respectively.

3. The costs of the lawsuit.

Reasons

1. Facts of recognition;

A. Defendant and D and E Co., Ltd. (hereinafter “instant three company”) are companies established by 83 persons eligible for the supply of a site for commercial buildings in kind on October 2009 by investing their shares in kind in order to newly construct and sell three commercial buildings in commercial areas supplied as a site for living measures by the original residents according to the F District Housing Site Development Project, and the head office of the Defendant is the H head office of the Dong-si Si. The total number of issued shares is 81 weeks and 17620,000 won.

Plaintiff

A is a shareholder of the defendant, who was employed as a liquidator from May 20, 2013, and was dismissed by a resolution of the general meeting of shareholders of this case, and the plaintiff B is a person who was a shareholder of the defendant.

B. Upon the completion of the sale of shares, the Defendant decided to dissolve the said sale of shares on May 20, 2013. On March 31, 2017, the Defendant held a regular general meeting of shareholders to adopt the former among the methods of acquiring shares or distributing dividends by means of liquidation of the company. From April 1, 2017 to September 30, 2017, the period scheduled for acquiring shares was 832,572 won per share from shareholders, such as Plaintiff B, etc. (5,337,000 won per share x 15.6% of the Defendant’s internal share shares x 15.6%).

On the other hand, there was I and A as the defendant's liquidator, and there was K as the defendant's remaining shareholders.

C. On May 12, 2018, the Defendant’s representative liquidator I convened a liquidator’s meeting (hereinafter “instant liquidator’s meeting”) with the Plaintiff’s dismissal agenda (hereinafter “instant agenda”). On May 8, 2018, the fourth day prior to the instant agenda, the Plaintiff A sent a muster notice to the Plaintiff on May 8, 2018, stating that “the instant agenda shall hold a liquidator’s meeting on May 12, 2018, if the Defendant’s temporary office is Suwon-gu L, the Defendant’s temporary office,” and did not send the said muster notice to the auditor M.

On the other hand, the defendant.

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