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(영문) 서울서부지방법원 2017.08.17 2016가합37464
주주총회결의 부존재등 확인
Text

1. Between the Plaintiff and the Defendant Company:

A. At the special shareholders’ meeting held on May 23, 2016, Defendant B Co., Ltd.

Reasons

1. The facts under the basis of facts may be found, either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 5, 7, 10, 11 and Eul evidence No. 1 (including branch numbers, if any; hereinafter the same shall apply).

At the time of incorporation of Defendant B (hereinafter “Defendant Company”) as a company established for the purpose of manufacturing, wholesale and retail business of clothing and subsidiary materials, distribution business, etc., Defendant Company’s authorized capital was KRW 50,000,000 (=10,000 x face value 5,000). The total number of issued stocks was 10,000.

At the time, the total 10,000 shares issued by the defendant company was issued in full in the name of the plaintiff, and the plaintiff was a single shareholder of the defendant company.

B. The Plaintiff and Defendant C are in Manaon around September 1992.

In a de facto marriage relationship, it began living together, and reported the marriage on September 16, 2013.

There are children F under the former husband F, and Defendant C and his former husband are children under Defendant D and E.

1. Divorce and division of property 1) Defendant C and the Plaintiff shall, without any condition, cooperate to the maximum extent possible so that the divorce between Defendant C and the Plaintiff may be constituted by agreement, without any condition on both parties, depending on the circumstances.

3) Where a divorce is established, regardless of whether it is a divorce by agreement between Defendant C and the Plaintiff or a judicial divorce, the divorce is established, i.e., G apartment in the Plaintiff’s real estate, excluding the Plaintiff’s original apartment, which is divided into 5:5 by analyzing the market price by adding up the apartment-type factory in the name of Defendant C and the apartment-type factory in the name of the Plaintiff and the land and the land in the name of the Plaintiff, including the land in the name of the Plaintiff and the land in the name of the Plaintiff. ③ Real estate, bonds, automobiles, corporeal movables are not included in the division of property, but are owned and owned respectively in the name and owned by each of the parties, including the remaining J apartment C, 3702, and they are not claimed by both parties (Article 4,6,7). 4) 714,107,000 won of the corporate passbook deposit in the name of the Plaintiff and KRW 50 million are divided by 50%.

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