logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2019.06.14 2017가합454
유사원총회결의부존재 확인 등
Text

1. It is confirmed that no resolution of each general meeting of members listed in the defendant's attached list does exist.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The relationship 1) A Limited Liability Company D was established on February 21, 2007, and its trade name was changed to D Co., Ltd. on March 12, 2007, and its trade name was changed to D on April 5, 2017 (hereinafter referred to as “Defendant or Defendant Company”).

(2) The Defendant is a stock company established for the purpose of processing, distributing, selling, etc. agricultural and livestock products. The Plaintiff is a director of the Defendant’s member, and the Intervenor joining the Plaintiff (hereinafter “Supplementary Intervenor”) was a person who was the representative director of the Defendant’s member.

B. The Plaintiff and E, a constituent member of the Defendant Company, together established the Defendant Company on February 2, 2007, and F, E’s wife, was the representative director, director, and the Plaintiff, respectively, and at the time the Plaintiff and F, held 5,000 shares out of the total number of shares 10,000 shares of the Defendant.

C. On March 12, 2007, the number of shares held by the employee of the defendant company was changed to 5,000 shares, 2,00 shares of the defendant company, 3,00 shares of the assistant intervenor, and the number of shares held by the assistant intervenor was changed to 5,00 shares, 2,00 shares, and 3,00 shares of the assistant intervenor, respectively, after the resolution of the general meeting of employees was made on the same day by the resolution of the general meeting of employees.

(See A evidence 3-2) d.

On April 21, 2009, between the parties to the transfer contract and the members on the register of members and the supplementary intervenor and G on April 21, 2009, the transfer contract of 30 million won of the shares of the defendant company owned by the supplementary intervenor was prepared by the defendant company to G on April 21, 2009 (Evidence 5).

Meanwhile, the Defendant Company’s List of Members (Evidence A No. 4-4) on March 30, 2017 stated that the number of members of the Defendant Company was changed to 5,000 shares, while the number of shares held by G and H were changed to 5,00 shares, respectively.

E. On April 22, 2009, the registration of change of the representative director of the defendant company on April 22, 2009, the supplementary intervenor is the defendant on April 22, 2009.

arrow