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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Defendant Company asserts to the effect that as of October 7, 2013, D 33,410 shares (47.72%) as of October 3, 2013 (47.72%) were 22.3% of shares in D, and thus, D’s temporary shareholders’ meeting as stated in the purport that “the resolution was not reached because D’s shares do not actually fall short of the quorum of the resolution under the Commercial Act,” the Plaintiff asserted that “the two reasons (including the Plaintiff’s assertion) were stated in the summary of the resolution,” and sought a court’s judgment on the grounds that the above resolution was null and void only after the date of the first instance trial (see, e.g., Supreme Court Decision 200, Dec. 41, 2001). However, the Plaintiff’s assertion that the above resolution was null and void (see, e.g., Supreme Court Decision 2001Da461719, Dec. 28, 2001).
On the other hand, D is the only internal director of the defendant company, and C is the spouse before D's divorce.
(Consultations 10 November 1, 2014). (b) The date on which the agreement is filed.
D on August 7, 2014, the Plaintiff, a shareholder of the Defendant Company, and the E Company, K, and hereinafter referred to as “E”).
1. Date and time: August 16, 2014 (at 10:0 am on Saturdays).
2. Place: The office of the defendant company located in Chungcheong-gun G;
3. The agenda of meetings;
(a) Matters to be reported: Operation report and consultation on countermeasures of the present agricultural company; and
(b) A bill on major agenda item 1: A bill referred to in subparagraph 2 that shall be made at the time of the extension of rent (in the amount of KRW 300,00), office and accommodation within the year: The bill referred to in subparagraph 3 that is required for the maintenance of cultivation companies and the amount of unpaid expenses and the amount of retirement: A bill referred to in subparagraph 4 that is required for repayment of personal loans and payment of interest, such as H, C, I, and J: