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(영문) 인천지방법원부천지원 2019.08.23 2017가합104742

회사에 관한 소송

Text

1. Defendant C and D are dismissed from office of director of Defendant B Co., Ltd.

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

Reasons

1. Basic facts

A. On March 26, 1998, the plaintiff, the defendant C, and the non-party E entered into a partnership agreement with respect to "G" operated by the non-party F, the husband of the defendant C. The main contents of the agreement are as follows: "B (E; hereinafter the same shall apply)" and "B (the plaintiff; hereinafter the same shall apply)", "B (the plaintiff; hereinafter the same shall apply)", "G," investing 210 million won in "B," and shares are shared by "A," "I," "I," "I," and "I," and "I," and "I, 3, a director of the company," "I," and "I," the representative director of the company of the defendant C, who exclusively takes charge of financial affairs, retired from the office of the defendant C. 2, and the plaintiff (the defendant C. 2, the defendant C. 9 and the defendant C. 1, the defendant C. 2, who was established under the agreement between the plaintiff and the defendant C.

Defendant C is currently the representative director and in-house director of the Defendant Company.

B. The current shareholder status of the Defendant Company: (a) at the time of the incorporation of the Defendant Company, the Plaintiff and the Defendant C, and E owned 1/3 each of the shares issued by each of the Defendant Company; (b) however, around July 2016, E transferred all the shares of the Defendant Company that were held by the Defendant Company around December 2015 to the Defendant C; (c) around July 2016, the Plaintiff owned 6,400 shares (32%) among the total shares issued by the Defendant Company; (d) Defendant C, 9,400 shares (47%); (d) Defendant C, 3,400 shares (17%); and (e) Nonparty H owned 800 shares (4%).

C. On September 21, 2017, the Plaintiff filed a claim for the convening of an extraordinary general meeting of shareholders with the aim to dismiss Defendant C and D from office at the board of directors of the Defendant Company. 2) Defendant Company filed a claim on September 21, 2017.