(영문) 서울동부지방법원 2016.09.07 2015가합105429

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(영문) 서울동부지방법원 2016.09.07 2015가합105429

주주총회무효확인의 소

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is a company with capital of 5 billion won established on November 27, 2013 for the purpose of the implementation of D development projects which develop knowledge industry centers and support facilities, which are in progress in C, and the types and total number of issued stocks are 500,000 common shares.

The Plaintiff is the Defendant’s shareholder holding 50,000 shares issued by the Defendant. Of the 500,000 shares issued by the Defendant, 400,000 shares issued by the Defendant, which are 80% per cent of the 500,000 shares issued by the Defendant (hereinafter “NE Industry Development”), and 25,000 shares per 5% of brand Co., Ltd. (hereinafter “ brand”), and 25,000 shares remaining 5% of the shares issued by the Defendant, respectively.

The Defendant E and F, G, H, and I, a non-executive director, shall hold a meeting of the Defendant Council on May 18, 2015, and “1. The case before the status of the purchaser of the C Site (hereinafter “instant proposal”) ;

2. A resolution was adopted on May 28, 2015 to convene a temporary general meeting of shareholders (hereinafter “instant primary general meeting of shareholders”) consisting of “case of investment in the establishment of B Co., Ltd. (hereinafter “instant proposal”)” as an agenda item. The Defendant’s shareholder consents on May 27, 2015 to reduce the convocation period required under the provisions of the articles of incorporation as the Defendant’s shareholder and to hold a temporary general meeting of shareholders as follows. At that meeting, I agree to the effect that the notice at the meeting can be handled as the same as the meeting duly made.

"The defendant submitted to the defendant a written consent for the reduction of the period of call to the contents, and the plaintiff also submitted a written consent for the reduction of the period of call to the defendant on May 28, 2015.

On May 28, 2015, at around 09:00 on May 28, 2015, the first extraordinary shareholders' meeting of this case was held at the fifth floor of the J building in Songpa-gu Seoul. The defendant representative director E has made a statement to hold the meeting at the chair, and the total number of shares issued by the defendant is 500.

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