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(영문) 대구지방법원김천지원 2014.05.30 2013가합1405
임시주주총회결의 부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in full view of the descriptions of Gap evidence 2, 5 through 9 (if there are serial numbers, including each number; hereinafter the same shall apply), Eul evidence 1 to 12, and the whole purport of pleadings:

The defendant is an enterprise operating route passenger transport business in the old and American region, the defendant's intervenor, the defendant's intervenor, and the defendant's intervenor Eul were those who acquired the shares of the defendant company from H with the plaintiff Eul and Eul around January 2008, and the defendant's intervenor's intervenor was the defendant's representative director from February 11, 2008 to January 6, 201, the defendant's director from February 11, 2008 to February 111, 201, and Eul were the defendant's directors from February 111, 2008 to February 111, 201.

B. The Defendant’s list of shareholders from February 11, 2008 to February 20, 2012 is as follows:

Defendant 16,184 40.46% Plaintiff A 15,600 39.00% E 4,216 10.54% G 4,000 10.00%

C. After the joint acceptance of the Defendant’s shares, the Intervenor’s Intervenor, E, and Plaintiff A continued dispute over the distribution of profits arising from the Defendant Company, and the embezzlement of Defendant Company’s funds by the Intervenor joining the Defendant.

Accordingly, the Intervenor joining the Defendant and the Party E resigned as an executive officer of the Defendant while moving the Defendant Company’s management right to the Plaintiff, (on January 6, 2011, Plaintiff B, a punishment of Plaintiff A, was appointed as the representative director of the Defendant), and on March 18, 2011, the Defendant and the Defendant’s shares (in total, KRW 16,184, E4, E4,216, and KRW 20,400) were transferred to the Plaintiff, with both the Plaintiff and the Defendant’s Intervenor and the Defendant’s shares (in total, KRW 16,184, E4, 216, and KRW 20,40). However, as the conflict between the two parties

On the other hand, the Intervenor joining the Defendant as the representative director of the Defendant Company on October 30, 2009.

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