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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The defendant company as a party is a company established to manage more than 3,750 stores, etc. of Geumcheon-gu Seoul building, and the plaintiff is a shareholder of the defendant company and a person appointed as an internal director at the temporary general meeting of shareholders on November 20, 2014.
The Seoul Southern District Court Decision 2007Bu98 decided to permit the convocation of the general meeting of shareholders and the resolution of the general meeting of shareholders on December 6, 2007, etc. of the Defendant Company D, etc., as Seoul Southern District Court 2007Buhap98, filed an application for a temporary general meeting of shareholders with the Seoul Southern District Court for a permit to convene a temporary general meeting of shareholders for the dismissal and replacement of directors and the appointment of directors and auditors of the Defendant Company. On November 6, 2007, the said court granted a permit to convene a temporary general meeting of shareholders for the purpose of the meeting to appoint one director (hereinafter “instant convocation permit decision”).
A) However, E, etc. seeking a general meeting of the Defendant Company intended to appoint approximately eight directors against the instant decision on permission to convene a general meeting. Unlike the instant decision on permission to convene a general meeting of shareholders held on December 6, 2007, the general meeting of the Defendant Company, which was held on December 6, 2007, passed a resolution to appoint both E and seven directors. Following the convocation of E, E filed a lawsuit against the Defendant Company seeking the absence or confirmation of a resolution made at the general meeting of shareholders on March 30, 201.
In the first instance court and the appellate court, the judgment against F was pronounced (Seoul Southern District Court 201Gahap9656, Seoul High Court 2012Na79448), but the Supreme Court of Korea around September 24, 2014, there is a serious defect corresponding to the absence or invalidity of the resolution of December 6, 2007, and it becomes the representative director after the appointment of the director at the general meeting of shareholders.