주주총회결의취소청구의 소
1. C, D, and E as the Defendant’s internal director at the Defendant’s temporary general meeting of shareholders on May 19, 2014, and F as the Defendant’s auditor.
1.The following facts of recognition may be found either in dispute between the parties or in full view of the statements and the purport of the whole arguments as stated in Gap evidence 1 to 5, Eul evidence 1 to 4, 6, and 7:
Defendant Company (hereinafter “Defendant Company”) is a company whose business purpose is manufacturing and selling general industrial machinery, and the Plaintiff held 9,654 shares out of the total number of shares generated by Defendant Company 60,000.
B. On April 30, 2014, the Defendant Company sent a notice of convening a general meeting of shareholders to the shareholders of the Defendant Company including the Plaintiff in the name of the representative director of the Defendant Company, stating that “A temporary general meeting of shareholders shall be held as an agenda item, such as the case of the appointment of executive officers at the meeting room of the Defendant Company, May 19, 2014.” The Plaintiff received the notice of convening the general meeting of shareholders at that time.
C. On May 19, 2014, at the meeting room of the Defendant Company, the Defendant Company held a temporary general meeting of shareholders (hereinafter “instant general meeting of shareholders”) among five shareholders including the Plaintiff among the total six shareholders of the Defendant Company’s company’s total number of 60,000 shares, and 56,182 shares among the total number of outstanding shares. A resolution with the consent of 42,546 shares among the five shareholders present at the general meeting of shareholders of this case, stating that “C, D, and E are appointed as directors of the Defendant Company, as auditors of the Defendant Company” (hereinafter “the first resolution”) and “the annual salary of the representative director of the Defendant Company as KRW 102,00,000,000, and the audit salary of the Defendant Company as KRW 18,000,000, respectively, shall be adjusted hereinafter “the second resolution”).
D. D.
On July 17, 2014, the Plaintiff filed a lawsuit seeking revocation of the resolution of the instant general meeting of shareholders with this court. On January 21, 2015, the instant lawsuit was pending, the Plaintiff purchased 30 shares of the Defendant Company’s shares, which were held by G from G, in KRW 2,100,000.
E. The Plaintiff purchased the Defendant Company’s shares from G, and on January 29, 2015, eight days later.