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1. The plaintiffs' primary claims and conjunctive claims are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs are shareholders of Defendant H Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the purpose of manufacturing, manufacturing, wholesale, retail, etc. of medical devices, and Defendant I is the representative director of the Defendant Co., Ltd.
B. Each of the minutes of the provisional shareholders' meeting held on May 25, 2009, August 1, 2009, September 30, 2009, and February 1, 2010 of the defendant company existed. The contents are allocated in proportion to the face value of 5,000 won per share, and the number of shares held by shareholders. However, where the shareholders waive their right to subscribe, the defendant company decided to issue new shares in proportion to 3,000 shares, 2,200 shares, 2,200 shares, 2,80 shares, and 2,80 shares, respectively, by offering other shareholders and allowing them to acquire them. The defendant I completed the registration of modification as to the issuance of new shares in proportion to each of the following reasons:
(hereinafter each issuance of new shares is "the first and fourth issuance of new shares of this case", and when individually named, "the issuance of new shares of this case" is "the issuance of new shares of this case."
On the other hand, the minutes of the 4th general meeting of shareholders of the instant case contain the following: (a) the Defendant Company’s employees appoint Nonparty J, the shareholder of the Defendant Company, as the intra-company director.
The minutes of the board of directors held on October 22, 2010 of the Defendant Company. The board of directors, which participated in the J, shall allocate new shares in proportion to the face value 5,000 won per share, and the number of shares of shareholders, but if the shareholder waives his right to subscribe, the board of directors decided to issue 6,000 new shares by inviting other shareholders to subscribe for new shares. The Defendant I issued 6,00 shares of 6,00 shares issued on the ground that there exists a letter of waiver of preemptive right to new shares in the name of the remaining shareholders except for Nonparty K, which is the shareholder of the Defendant Company and the Defendant Company, and completed the registration of modification on November 18, 2010.
(c).