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1. Of the instant lawsuit, the part of the claim for nullification of the resolution by the general meeting of shareholders on May 4, 2012 is dismissed.
2...
Reasons
1. Facts of recognition;
A. On December 28, 2010, the Plaintiff (Appointed; hereinafter “Plaintiff”) agreed with the Defendant Company (hereinafter “Defendant Company D”) to jointly manage the Defendant Company on the premise that “E fully acquires 50% of the management shares of the Defendant Company” between E and E on December 28, 2010.
(hereinafter referred to as the “instant joint management agreement”. B.
Pursuant to the instant joint management agreement, the shareholders’ general meeting of the Defendant Company, which was held on January 12, 201, elected E, C, and F to be a director of the Defendant Company. The Defendant Company allocated 16,000 shares (amount- 5,000 shares) to G and C, each of which was designated by E, for offering new shares to a third party on January 19, 201, and allocated 8,000 shares (amount- 5,00 shares) to G and C, and E deposited 80,000 won as shares subscription amount to the Defendant Company.
C. On April 27, 2012, H (hereinafter “H”) designated the date, time, and place of the Defendant Company’s director as “106, May 4, 2012, Itel 1106 in Seoul Special Metropolitan City, the date, time, and place of the Defendant Company’s director,” and designated the bill as “the presentation of the date and time of a regular general meeting of shareholders,” and issued a notice of convening the board of directors to shareholders by designating the bill as “the presentation of the date and time of a regular general meeting of shareholders,” and issued a notice of convening the general meeting of shareholders by means of registered mail and e-mail on May 4, 2012.
At the time, the shareholders of the Defendant Company are J(4,000), K(4,000), L(6,000), MP(6,000, hereinafter referred to as “M”).
C (8,000 shares), G (8,00 shares), and H (4,000 shares). D) At the same time, H did not go through a resolution of the board of directors prior to a notice for convening a regular general shareholders’ meeting, at the same time, issued a notice for convening a general shareholders’ meeting and a notice for convening a general shareholders’ meeting to adopt a resolution for convening that general shareholders’ meeting without going through a resolution of the board of directors for convening the general shareholders’ meeting, and the day immediately before the above general shareholders’ meeting was held