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(영문) 대구고등법원 2014.10.01 2013나2987
주주지위 확인 등
Text

1. The instant lawsuit was concluded on July 2, 2013 as the withdrawal of the Defendant’s appeal.

2. The defendant's motion to set the date.

Reasons

First, we examine whether the defendant's appeal against this case has been withdrawn.

1. Facts of recognition;

A. The status of the parties is a stock company established for the purpose of the route passenger transport service, etc., and the Plaintiff, I (the wife of the Plaintiff), and H are the shareholders of the Defendant, and the Plaintiff is the representative director of the Defendant from February 11, 2008 to January 6, 201, K (H’s punishment is imposed) is the Defendant’s representative director from January 6, 201 to February 22, 2012, and L is the Defendant’s representative director from February 11, 2008 to March 31, 2011.

B. On June 27, 2013, the Plaintiff (Seoul High Court Order 2012Ra48, Jun. 5, 2013) obtained permission from the court to convene a temporary general meeting of shareholders (hereinafter “temporary general meeting of shareholders”) and held a provisional general meeting of shareholders on June 27, 2013 (hereinafter “temporary general meeting of shareholders”). At the above provisional general meeting of shareholders, the Plaintiff, I, and M were appointed respectively as the Defendant’s representative director. The Plaintiff was appointed as the Defendant’s representative director. 2) H and K filed a lawsuit against the Defendant seeking confirmation of the non-existence of the provisional general meeting of shareholders as of June 27, 2013 (Seoul High Court Order 2013Ga1405, Jun. 27, 2013). The Plaintiff participated in the above lawsuit, and the said court dismissed the Plaintiff’s claim for the provisional meeting of shareholders as of June 27, 2013 (Seoul High Court Order 2013Da147137, Jun. 27, 2014, 2014).

(2) The Defendant’s board of directors held on the same day, H was appointed as the Defendant’s representative director, and H, K, N, Defendant Intervenor F, and G were dismissed from office of the Defendant’s director. The Defendant’s board of directors held on the same day, as the Defendant’s board of directors, was appointed as the Defendant’s representative director. (2) The Plaintiff, and I, against the Defendant, have adopted a resolution of a temporary general meeting of shareholders held on July 17, 2013.

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