1. A resolution of approval for a merger agreement under subparagraph 2 made at a temporary general meeting of shareholders on January 15, 2019 by the defendant shall be revoked.

2.

1. Facts of recognition;

A. The defendant is a company established on March 12, 1993 for the purpose of electrical construction business.

Plaintiff

A is a shareholder who holds 14,688 shares issued by the Defendant (40.8% of shares) and 1,800 shares (5% of shares) and 36,000 shares issued by the Defendant, and is a parent of the present representative director D of the Defendant.

B. On December 31, 2018, the Defendant sent to shareholders a muster notice stating the venue, date, time, and purpose of the meeting to convene a temporary general meeting of shareholders. The Defendant stated only “the relocation of the head office to the budget” for the purpose of the meeting.

C. On January 15, 2019, the Defendant held a temporary general meeting of shareholders to refer, approve the relocation of the headquarters to the agenda item 1 (Provided, That the complete certificate of the Defendant’s registered matters shall not include the registration of relocation of the headquarters), and the agenda item 2, referred to as “the divided portion of the Defendant’s property (business) with E and merged with E, and the Defendant and E agree with the number of shares of the shareholders present at the meeting to approve the surviving merger agreement.”

(hereinafter referred to as the “resolution of this case”). The number of shareholders present at the meeting or the number of shares held by shareholders present at the meeting is not recorded in the minutes) / [Grounds for recognition] of absence of dispute, entry in Gap’s evidence 1 through 3, and 5, and the purport of the whole pleadings.

2. A lawsuit for revocation of a resolution of a general meeting of shareholders regarding the cause of a claim shall be filed within two months from the date of resolution pursuant to Article 376 of the Commercial Act. However, if a lawsuit for invalidation of the same resolution is filed within the period of filing a lawsuit under Article 376 of the Commercial Act, if the lawsuit for invalidation of the same resolution is filed within the period of filing a lawsuit under Article 376 of the Commercial Act, it shall be deemed that the lawsuit has been complied with by the same treatment as filed at the time of filing a lawsuit for invalidity confirmation, even if the lawsuit is changed to a revocation lawsuit after two months from the date of resolution due to the same defect. The Supreme Court Decisions 201Da4584