주식회사 대표이사등 해임의 소
1. Of the instant lawsuit, the part of the claim for dismissal of the representative director against Defendant B shall be dismissed.
2. Defendant C and D are Defendant E.
Basic Facts
Defendant Company is a company established on July 30, 2010 for the purpose of real estate development business, real estate sale and lease business, and its issuance shares are 40% of each of the Plaintiff, Defendant C, and Defendant B’s 20% of each of them.
Defendant B is a representative director of the Defendant Company and an inside director, and the Plaintiff, Defendant C, and D are inside directors of the Defendant Company.
Defendant C and D embezzled 103,383,480 won in total on 54 occasions from August 30, 2010 to December 31, 2012 by arbitrarily consuming the amount of money invested by the Plaintiff, etc. and the amount of money for the first sale of all the housing units that were planned to be constructed in F on behalf of the said company. Around January 24, 2011, Defendant C voluntarily withdrawn KRW 5 million without the resolution of the board of directors and used it for personal purposes, and then embezzled it for the personal purposes by the representative director later.
Defendant C and D were indicted for the above facts constituting the crime (C & D Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Decision 2013Ma672) and were sentenced to the suspension of execution for six months from the date of imprisonment, the community service order 80 hours, and the Defendant D was sentenced to the suspension of execution for three years from the date of imprisonment for one year and six months, and the community service order 160 hours in the appellate court on July 2, 2015, respectively. Defendant D was sentenced to the suspension of execution for two years from the date of imprisonment for one year and six months, and Defendant C was sentenced to the suspension of execution for two years from the date of June, and the fine of eight million won from the date of the above Defendants’ appeal on October 15, 2015 (Supreme Court Decision 2015Do11359).
On July 13, 2015, the Plaintiff requested Defendant B to convene a temporary general meeting of shareholders on the agenda of “B by the representative director B and directors D and C”, but Defendant B did not comply with such request.
Accordingly, on August 27, 2015, the Plaintiff applied for a permit to call a temporary general meeting of shareholders in this court, and received a decision to permit the convening of a temporary general meeting of shareholders from the Changwon District Court (2015 non-joint 1001), which is the subject of the meeting, from the Changwon District Court (2015 non-joint 1001). Since then, Defendant B was the subject of the meeting.