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(영문) 의정부지방법원고양지원 2015.10.30 2014가합1683
신주발행부존재확인
Text

1. All claims of the plaintiff (appointed party) and each of the appointed parties are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties (hereinafter “Plaintiffs, etc.”) together with the Plaintiff and the designated parties (hereinafter “Plaintiffs, etc.”) are the Defendant’s shareholders, and the Defendant is a corporation with the purpose of manufacturing, manufacturing, wholesale, etc. medical devices and manufacturing and selling light-fluence diagnostic devices.

B. Each of the minutes of the provisional shareholders' meeting held on May 25, 2009, August 1, 2009, September 30, 2009, and February 1, 2010 exist. The contents are allocated in proportion to the face value of 5,000 won per share, and the number of shares held by shareholders. However, where the shareholders waive their right to subscribe, a resolution was passed to issue new shares in proportion to 3,000 shares, 2,200 shares, 2,200 shares, 2,80 shares, and 2,80 shares, respectively, on the grounds that there is a letter of waiver of the right to subscribe to new shares in the name of the remaining shareholders except for himself/herself, and the non-party C, the representative director of the defendant, has completed the registration of modification as to each of the new shares issued on the ground that there is a letter of waiver of the right to subscribe to new shares in the name of the other shareholders.

(hereinafter each issuance of new shares is "the first and fourth issuance of new shares of this case", and when individually named, "the issuance of new shares of this case" is "the issuance of new shares of this case."

On the other hand, the minutes of the 4th general meeting of shareholders of the instant case contain the following: (a) the Defendant’s employee appointed Nonparty D, the shareholder of the Defendant, as an intra-company director.

Defendant’s minutes of the board of directors on October 22, 2010 exist. The contents of D as a director, who participated in D, shall be allocated new shares in proportion to the face value of 5,000 won per share, and the number of shares of shareholders. However, if a shareholder renounces his right to subscribe, the board of directors decided to issue 6,000 new shares by soliciting other shareholders and allowing them to acquire them. Accordingly, the Defendant’s representative director C shall waive the right to subscribe under the name of the remaining shareholders except for Nonparty E, who is the principal and the

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