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(영문) 인천지방법원 2015.03.20 2014가합9713
주주총회결의취소
Text

1. Of the instant lawsuit, a resolution is made in attached Table 14, which was made at the Defendant’s temporary general meeting of shareholders on July 18, 2014.

Reasons

1.The following facts of recognition may be admitted, either in dispute between the parties or in full view of the respective entries and arguments in Gap evidence 1 to 3, 6, Eul evidence 1 to 8, and 10 (including each number), and the whole purport of the pleadings:

C was established on April 21, 201 by establishing a defendant company for the purpose of laundry service business on April 21, 201, and held 3,000 shares in the name of ASEAN.

B. C concluded a partnership agreement with the following content on October 21, 2013 to jointly operate the Plaintiff, E, and the Defendant Company.

Article 2 (Limits of Transfer of Stocks) Shareholders D shall transfer all 3,00 shares owned by them, and they shall take over each of 1,000 shares owned by E, Plaintiff, and F (C son).

Article 3 (Change of Officers) In-house Directors D shall have the power of representation, and in-house directors G shall resign from each office, and in-house directors, E, the plaintiff and F shall take office for inside directors, and in-house directors, E shall take office for the representative director.

Article 11 (Management and Decision-Making) C shall take charge of management and overall operation, E shall take charge of fund management, and the plaintiff shall take charge of the business, but the execution of expenses which are not ordinary expenses shall be decided through consultation, and all decision-making shall require the consent of two of three persons.

C. On October 21, 2013 according to the above business agreement, E was the representative director and in-house director of the defendant company; the plaintiff and F were the directors of the defendant company; and 1,000 shares out of the total number of shares issued by the defendant company were transferred to E, the plaintiff, and the F respectively.

After November 4, 2013, E, Plaintiff, and F assumed office as joint representative director of the defendant company.

E. On June 30, 2014, E and F shall hold a board of directors meeting held on July 3, 2014 with the subject matter of a resolution of holding a provisional general meeting of shareholders at the 11th Edial-dong, Jung-gu, Incheon, 11:00 on July 3, 2014, to the Plaintiff.

"" sent a notice of convening a board of directors by content-certified mail, and the plaintiff received the above content-certified mail on July 1, 2014.

(f) On July 3, 2014, Song-dong 11, Jung-gu Incheon, Jung-gu, Incheon, within 11 free park.

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