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(영문) 수원지방법원성남지원 2019.01.15 2018가합404705
주주총회결의 취소청구의 소
Text

1. The plaintiff's main claim is dismissed.

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3...

Reasons

1. Basic facts

A. The plaintiff is currently registered as the defendant's internal director and representative director as the defendant's shareholder.

B. On April 4, 2018, the Defendant’s internal director C sent a notice of convening the general meeting of shareholders as follows to the Plaintiff.

The notice of convening a general meeting of shareholders will be issued by the number of shareholders.

In accordance with the provisions of Article 17 of our Articles of Incorporation, the general meeting of shareholders shall be held as follows and shall be held at the beginning of the week.

[Attachment]

1. Date: 10 am on April 13, 2018;

2. Place: The head office (No. 5).

3. A proposal referred to in subparagraph 1 for the purpose of meeting: A proposal referred to in subparagraph 2 for the appointment of a director (representative director): A proposal referred to in subparagraph 3 for the appointment of a director: The thickness of a stockholder shall be determined with the thickness of a member present at the meeting on the day of the general meeting for response to the case involving the case involving the case involving the appeal at the Sungwon District Court Sungnam-nam Branch of the Suwon District Court, and if he/she fails to attend it inevitably, he/she shall attend as an agent

In the event of failure to attend the meeting, the proxy will be sent by mail to the Speaker by April 12 so that the proxy can arrive at the meeting by April 12.

Co., Ltd. C / In-house Directors Co., Ltd. (based on recognition) on April 4, 2018, and entry in Gap evidence 1 and 2

2. The plaintiff's assertion

A. C, which owns 50% of the Defendant’s shares, completed the development of “Cheong Coal Energy” technology based on the Plaintiff’s financial support, etc., but intended to reduce the Plaintiff to read the said technology as one’s own, not the Defendant’s ownership.

B. As a part of the process, C unilaterally sent notice to the Plaintiff, etc. on April 4, 2018, without omitting all the process of convening the general meeting of shareholders. On April 13, 2018, the resolution to dismiss the Plaintiff from the position of director and representative director and to appoint a new director and representative director is the sole basis.

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