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(영문) 인천지방법원 부천지원 2018.06.22 2018가합100013
회사에 관한 소송
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. On October 20, 2008, the non-party G Co., Ltd (hereinafter “non-party G Co., Ltd.”) opened a temporary general meeting of shareholders 0:00 on October 10, 2008, and adopted a resolution to change the total number of shares to be issued by the company from 16,00 to 64,00 shares with the consent of all shareholders present and attendance at the meeting of eight shareholders (Plaintiff B, A, C, Non-party H, I, J, K, and L).

Of the total 10,00 shares of the non-party company at that time, the plaintiff B and A respectively owned 2,00 shares, the plaintiff C, the plaintiff C, the 800 shares, the H, the 1,200 shares, the 1,200 shares, the J, the 600 shares, the 1,400 shares, and L owned 1,00 shares.

B. On October 20, 2008, the non-party company omitted the convocation procedure with the consent of all directors (the representative director H, Plaintiff B, directors A, C, non-party I, J, K) and the auditor (L), and passed a resolution to issue new shares (hereinafter “instant new shares”) as follows (Evidence A4).

As the project size of the company increases and the current capital alone is difficult to carry out the business, the chairperson of the case of new shares issuance under subparagraph 1 explains that it is necessary to increase capital by issuing new shares and explaining that it is necessary to do so, and the resolution on the matters to issue new shares and the issuance of new shares has been discussed carefully and carefully, the following is approved as a whole.

1) The amount of 10,000 shares of new shares and the amount of 10,000 shares of common shares 2: 5,000 won (3) due date: (4) A financial institution to pay shares of stock: (5) a date of allocation to old shareholders with respect to the issuance of new shares: (5) a public notice of the date of assignment to old shareholders and the period of peremptory notice of forfeited shares shall be issued with the consent of all shareholders; (6) a shareholder shall allocate new shares according to the ratio of the number of shares held by each shareholder with respect to the method of acquiring new shares; (5) a shareholder may waive all or part of his/her preemptive rights; and in such cases, a waiver of subscription may either be publicly offered from the general public or take over by another shareholder

7. Other new shares.

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