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(영문) 광주지방법원순천지원 2019.08.22 2018가합12095
회사에 관한 소송
Text

1. Of the instant lawsuit, the part concerning the Defendant’s primary and conjunctive claim regarding the resolution of the special shareholders’ meeting on July 23, 2018.

Reasons

1. Of the instant lawsuit, where the Defendant’s primary and conjunctive claims pertaining to the resolution of the provisional shareholders’ meeting on July 23, 2018 and the Defendant’s primary and conjunctive claims were resolved to appoint the same representative director as the board of directors held at the meeting of the board of directors, after the resolution of the board of directors was adopted on July 23, 2018 on the legitimacy of the primary and conjunctive claims concerning the resolution of the board of directors’ meeting, and the resolution again was adopted to appoint the same representative director at the same time as the board of directors held at the meeting of directors, barring special circumstances, such as where the resolution of the board of directors held at the same time is defective due to defects

In addition, dispute over the effect of the initial resolution on appointment of directors against a person who has already lost the status of directors is about past legal relations or legal relations, and there is no benefit in protecting the rights, unless there are special circumstances

On July 23, 2018, the meeting of the board of directors on July 23, 2018 considers the absence of a primary verification and the preliminary confirmation of invalidation.

As examined below, the defendant's meeting of the board of directors of November 5, 2018 passed a resolution to appoint E again as representative director, and there are no special circumstances, such as that such resolution is invalid due to defects, so this part is seeking confirmation of legal relations or legal relationships in the past, and there is no benefit in the protection of rights.

On July 23, 2018, F is considered to have no primary non-existence of a resolution of appointing F as an internal director at the temporary general meeting of shareholders on July 23, 2018.

Considering the fact that F, which is recognized by the purport of the whole pleading in the statement No. 21 of the evidence No. 21, retired from the Defendant’s internal director on December 3, 2018, the above part of the claim is about the past legal relationship or legal relationship, and its appointment.

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