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(영문) 서울중앙지방법원 2019.11.20 2018나80829
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the revoked part are asserted.

Reasons

1. Basic facts

A. On March 23, 2018, the Defendant, a company aimed at information and communications business, etc., held a regular general meeting of shareholders (hereinafter “instant general meeting of shareholders”) on the second floor of the A Research and Development Center located in Seocho-gu Seoul, Seocho-gu, Seoul, as follows:

The notice of convening the shareholders' general meeting of this case was stated as follows: "The position of the general shareholders other than the proceeding staff is permitted from 8:0 a.m. on the same day for the smooth progress of the event."

A bill under subparagraph 1: A bill under subparagraph 2 for approval of the 36th financial statements: A bill under subparagraph 3 for partial revision of the articles of incorporation: A bill under subparagraph 4 for appointment of directors: A bill under subparagraph 5 for appointment of members of the audit committee: A case for approval of the limit of director's remuneration

B. The Plaintiffs, as the Defendant’s shareholders and employees, worked at the entrance of the general meeting place from the night immediately before that day to attend the general meeting of shareholders of this case, and the rest arrived at the entrance of the general meeting place at no later than 6:00 a.m. on the day of the general meeting of this case.

C. The Defendant allowed the position of the general meeting of 175 shareholders or employees (hereinafter “non-voting holders”) who held the visa paid in advance from 5:00 a.m. on the day of the instant general meeting of shareholders, but allowed the Plaintiffs’ position from 8:0 a.m. prior to the beginning of the instant general meeting of shareholders, as stated in the notice of notification, as the Plaintiffs attempted to take the same view.

The general meeting of shareholders of this case first admitted, and the plaintiffs and the remaining shareholders who entered the meeting from 8 A.M. to 8 A.M. were sitting or standing on the back seat.

E. According to the articles of incorporation, C, the representative director of the Defendant, passed a resolution on all the agenda set by the instant general meeting of shareholders, and the Plaintiffs continue to be liable for the illegal political funds C Chairperson, namely, withdrawal of the suspect C, and unfair labor practices.

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