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(영문) 서울남부지방법원 2015.12.11 2015가합109240
주주총회결의취소청구의 소
Text

1. Ratification of the provisional shareholders’ meeting held by the Defendant on August 17, 2015 at the special shareholders’ meeting held on October 10, 2014.

Reasons

1. Indication of claim;

A. The Plaintiff is the Defendant’s shareholder who holds 4,813 shares issued by the Defendant in his/her name, C, and D.

(B) 2,613 shares in the name of principal, C, 2,00 shares, and 200 shares in the name of D respectively).

In the special shareholders' meeting held on August 17, 2015 by the defendant, the resolution was made to ratification the resolution that was held at the special shareholders' meeting held on October 10, 2014 by the defendant (hereinafter "the resolution of this case").

C. The Defendant’s articles of incorporation stipulate “a majority of the total number of outstanding shares” as a quorum for a general meeting resolution. The instant resolution was made in the presence of only the shareholders who own 4,887 shares that do not reach a majority of 10,000 shares issued by the Defendant.

In addition, the resolution of this case is procedural defect in that it is made at the temporary general meeting of shareholders held by E who is appointed as representative director by the illegal general meeting of shareholders.

Therefore, the resolution of this case is in violation of the Acts and subordinate statutes or the articles of incorporation, and the plaintiff seeks the revocation of the resolution of this case.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

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