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(영문) 서울동부지방법원 2015.09.23 2014가합110523
주주총회결의 부존재확인 등 청구의 소
Text

1. There is no resolution that the Defendant appointed E, F, G, and H as an internal director at the temporary general meeting of shareholders on April 14, 2014.

Reasons

Basic Facts

The defendant is a company established on August 24, 1985 for the purpose of automobile rental business.

The Plaintiffs were appointed as the Defendant’s intra-company director on January 6, 2014, and were dismissed from the Defendant’s intra-company director on January 10, 2015.

As of April 14, 2014, the Defendant held a temporary general meeting of shareholders (hereinafter “temporary general meeting of shareholders as of April 14, 2014”) on April 14, 2014, and the following registration: (a) as shareholder holding 200,00 shares of the Defendant, the Defendant was present at the above temporary general meeting of shareholders and resolved to pass the resolution by presenting “E, F, G, and H’s additional election as the Defendant’s director” (hereinafter “the instant resolution”); (b) as of April 14, 2014, the Defendant was present at the temporary general meeting of shareholders as of April 15, 2014; (c) the Defendant’s temporary general meeting of shareholders as of March 16, 2015; and (d) the registration of the Defendant’s temporary general meeting of shareholders as of March 16, 2015; and (d) the Defendant’s temporary general meeting of shareholders was held as of March 16, 2015.

The registration of resignation of inside directors E, F, G, and H as of March 17, 2015 and the registration of resignation of inside directors K and L were completed as of March 17, 2015, according to the resolution of the temporary general meeting of shareholders on March 16, 2015.

[Ground of recognition] The defendant's assertion as to the judgment of the court below as to Gap's non-contentious facts, Gap's evidence Nos. 1, 9, Eul's evidence Nos. 4, 9, and 11; Eul's assertion as to the whole purport of the pleading; the plaintiff's assertion as to the lawsuit of this case where the plaintiffs seek confirmation of the absence of the resolution of the provisional general shareholders' meeting as of April 14, 2014. The defendant withdraws from E, F, G, and H, which were additionally selected from the resolution of the provisional shareholders' meeting as of April 14, 2014, as of March 16, 2015; and K and L were elected as new internal directors, and completed the registration of appointment. Thus, the plaintiffs' lawsuit of this case

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