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(영문) 대구지방법원안동지원 2015.05.07 2013가합3214
주주총회결의부존재 확인
Text

1. It is confirmed that there is no resolution of the general meeting of shareholders listed in the Defendant’s attached list.

2. The costs of lawsuit shall be.

Reasons

1. Indication of claim;

A. The plaintiff is the defendant's shareholder.

B. C prepares a false list of the Defendant’s shareholders on January 2, 2012, with the Plaintiff’s seal impression and identification card, and the Defendant’s corporate identification number. On January 5, 2012, without the Defendant’s notice of convening a general meeting of shareholders, C prepared a minutes of the general meeting of shareholders under Article 23 of the Articles of Incorporation, stating that “at least one director of a party company, and no auditor, should be appointed,” as if the Defendant’s general meeting of shareholders was held.

C. On March 5, 2012, C prepared the minutes of the general meeting of shareholders of the content that C is to be appointed as an in-house director as if the general meeting of shareholders was held without a notice of convening a general meeting of shareholders. D.

C On June 20, 2012, the minutes of the general meeting of shareholders were prepared as follows: (a) as if the general meeting of shareholders was held without a notice of convening a general meeting of shareholders; (b) E is the most likely to be appointed as an in-house director.

E. Therefore, each resolution listed in the separate sheet is merely a preparation of the minutes of the shareholders’ meeting without holding the meeting without undergoing the procedures for convening the shareholders’ meeting.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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