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(영문) 전주지방법원군산지원 2016.09.02 2015가합924
사원총회결의 무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant was a company established on November 22, 2002 for the purpose of automobile driving education and practical training instruction, and the total amount of capital at the time of establishment was KRW 1 billion, KRW 100 million, KRW 1000,000, and the total amount of contribution units was changed to KRW 1250,000,000, and the total amount of contribution units was changed to KRW 1250,000,00,000 after capital increase and capital reduction.

B. The names, etc. of the members listed in the articles of incorporation at the time of the establishment of the defendant are as follows:

Since then, the composition of members has also been changed due to the increase of capital, reduction of capital, transfer of shares, etc., and the list of the employees and their shares at the end of October 2015 are as follows:

On November 2015, the list of the members at the time of establishment, the number of equity shares (%) in the number of equity shares (%) in the number of equity shares (%) in the number of equity shares (%) in the list of the members representing the first class of employees (%) at the time of establishment on November 1, 2015, the number of equity shares (%) 40,00 E 40,000 40 E 77,500,000 10,000 I 10,000 8, A2,500 8, A19,500 16, C9,000 9 C9,000 7 B B 9,000 9, B 9,0000 7 J 10,000 10 L5,0005,0005 M 5,0005,0005, 005, 2010

(c) E has transferred to ASEAN 27,000 shares of its equity to ASEAN, 20,000 shares to ASEAN, and 20,000 shares to ASEAN;

On November 5, 2015, the Defendant held a temporary general meeting of members (hereinafter “general meeting of members as of November 5, 2015”). Of the five total number of employees, the Defendant attended the meeting of two E and I (a total of 87,500 units of equity, and a total of 70% equity shares) and made a resolution of approval on the case of transfer of equity as above E with the consent of all members.

Accordingly, F, H, and G were registered as members in the defendant's list of members, and the list of members entered in the defendant's current list of members and their respective shares are as follows:

The equity ratio (%) 10,500 8 I 10,000 8 Plaintiff A 19,500 16 Plaintiff C9,500 7 Plaintiff B 9,000 7 Plaintiff B 27,000 F 22 H 22 H 20,000 16 G 20,000 16 125,000 100 16

D. After November 20, 2015, the Defendant (hereinafter “instant general members’ meeting”) refers to “general members’ meeting on November 20, 2015.”

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