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(영문) 울산지방법원 2016.05.04 2015가합1716
이사회결의, 주주총회결의 부존재확인청구
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1. All of the plaintiffs' claims are dismissed.

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

Reasons

On April 14, 2008, Defendant E Co., Ltd. (hereinafter “Defendant E Co., Ltd”) was established for the purpose of selling and selling buildings and new houses, planning real estate development, selling and selling agency business, etc.

A. On January 201, 2010, the Defendant Company awarded a contract to the F Co., Ltd. (hereinafter “F”) for an intermediate payment loan agreement with G and H TB Savings Bank (hereinafter “SW Savings Bank”) on October 28, 2010, on the following grounds: (a) it was necessary to lend money to the buyer for the payment of intermediate payments; and (b) the Defendant Company entered into an intermediate payment loan agreement with the EW Savings Bank (hereinafter “EW Savings Bank”).

The evidence Nos. 3, 8-1, 2, 3, 600 shares of the defendant company held by the defendant company A (32,00 shares), C (19,200 shares), L (19,200 shares), M (3,200 shares of the defendant company) 60,80 shares of the defendant company held by the defendant company A (64,00 shares of the defendant company at that time are all 64,00 shares of the defendant company, and 3,200 shares owned by the plaintiff D were excluded from the subject of the pledge right) on January 27, 2011.

Upon the request of the S&T Savings Bank, the Defendant Company listed F’s officers and employees N,O, and P as an internal director of the Defendant Company on March 22, 201, and completed the registration of resignation on March 22, 2011 with respect to Plaintiff B registered as an existing officer, and the registration of dismissal on March 29, 201 with respect to Plaintiff D on March 29, 201.

A. On December 2011, Plaintiff A, L, and Plaintiff C entered into an operating agreement with J as follows (hereinafter “instant operating agreement”). A, L, and Plaintiff C, as major shareholders of the Defendant Company, around December 201, as the following (hereinafter “instant operating agreement”):

No. 1 No. 1 (Capital Increase) "A", L, and Plaintiff C, less than 1 (Capital Increase).

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