logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원고등법원 2019.07.18 2019나11308
주주총회결의취소청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasoning of this court’s acceptance of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance, except in the following cases:

(The court of first instance held that the evidence submitted by the plaintiffs to this court is reasonable in view of the fact-finding and determination of the first instance court, and there is no error as alleged in the grounds for appeal by the plaintiffs). The court of first instance held that the "temporary general meeting of shareholders" of the fourth and sixth of the judgment of the court of first instance was a "ordinary general meeting of shareholders".

Part VII of the judgment of the first instance shall be added to the following:

In full view of the purport of the entire pleadings in each statement in Eul evidence Nos. 12 and 13, the plaintiff Eul did not request the defendant to transfer shares until December 31, 2017 (the date of closing the register of shareholders to determine whether the shareholders are entitled to exercise their rights in accordance with the defendant's articles of incorporation) and thereafter, on March 20, 2018, only the fact that the defendant filed a lawsuit against the defendant for claiming the transfer of shares (U.S. District Court Sungnam Branch Branch 2018Gahap40280) is recognized." Of the first instance judgment of the court of first instance, the plaintiff Eul added as follows following the 16th of the judgment of the court of first instance.

Plaintiff B borrowed money from Defendant over several times from 2011 to 201 at the time of prosecutorial investigation, and made a statement to the effect that the amount is more than the amount stated in the instant performance memorandum (379,291,681 won) (Evidence 8). Of the judgment of the first instance court, the following additions are made: (a) 10th of the judgment of the first instance as follows.

The Plaintiff B stated to the effect that “I, in the relevant criminal case (Seoul Central District Court 2017Kadan3688), I would like to be present as a witness, and that I would like to have prepared an agreement when I would like to borrow money from the Defendant (which was a major shareholder) for several years.”

(A) However, the plaintiff B himself is a major shareholder.

arrow