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(영문) 서울동부지방법원 2015.12.08 2014가합14229
주주총회결의무효 및 부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts can be acknowledged in light of the following facts: Gap evidence Nos. 1 to 6, Eul evidence Nos. 10-1 to 4, Eul evidence Nos. 12 and 13, and the purport of the whole pleadings.

The defendant is a stock company with the purpose of exporting and importing computer peripheral devices, technical service business, etc. and the total number of its issued stocks is 40,000, and the total amount of its capital is 20,000,000.

B. On April 4, 2014, the Plaintiff was appointed as the only internal director of the Defendant.

C. The Defendant’s representative director’s name “case of additional appointment of directors” and “case of change of the representative director” were sent on October 23, 2014 to the Defendant’s temporary general meeting of shareholders, which was held on October 23, 2014, and thereafter, on October 23, 2014, a temporary general meeting of shareholders (hereinafter “instant general meeting of shareholders”) was held in the Defendant’s meeting, among D, E, F, and H, who were delegated with the exercise of voting rights by stockholders C at the Defendant’s meeting room.

The plaintiff appeared at the general meeting of shareholders of this case, "the general meeting of shareholders of this case shall be convened by the plaintiff, who is the representative director of the defendant, and the plaintiff does not convene the general meeting of this case, and the general meeting of this case is null and void since it did not observe the notice of convening a general meeting of this case, and therefore, the general

E. D, E, F, and H were the Speaker pro tempore while leaving the Plaintiff, and the general meeting of shareholders of this case was proceeded with, and a resolution was passed to dismiss the Plaintiff from the inside director and appoint C as the Defendant’s inside director (hereinafter “instant resolution”).

F. C, appointed as the Defendant’s internal director by the resolution of the instant case, prepared the minutes of the instant general meeting of shareholders on October 23, 2014. The said minutes include the shareholder C, holding 32,000 shares out of 40,000 shares issued by the Defendant, and the shareholder G, holding 8,000 shares at the general meeting of shareholders of the instant case.

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