주주총회결의 취소의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are found to be either in dispute between the parties or in full view of the purport of the entire arguments in Gap evidence Nos. 1 to 3, 5, and Eul evidence Nos. 2 and 3 (including the pertinent branch numbers), and there is no counter-proof.
On February 14, 2012, the Defendant is a company established for the purpose of civil engineering work, building work, etc. (the issuance of KRW 10,000 per share, total amount of KRW 80,000 per share, total amount of KRW 80,000 per share) (the name at the time of incorporation was stated as “stock company D, but the registration of change was made on December 26, 2013; hereinafter “Defendant Company”) and on March 14, 2012, the register of shareholders of the Defendant Company stated as “E40,000 shares, F20,000 shares, Plaintiff 20,000 shares.”
B. On December 23, 2013, E, the representative director of the Defendant Company, filed an application for the alteration of the registration of the Defendant Company on December 26, 2013, and filed an application for alteration of the registration on the same day. The registration of alteration was completed on the same day.
1.The trade name and the articles of incorporation of the Company shall be amended as follows:
§ 1. (Trade Name) The trade name of this corporation is referred to as corporation B (B).
2. The officers of the Company shall be replaced by:
1 In-house directors appointed: C
C. On February 12, 2014, E filed an application for change of the registration of the Defendant Company on February 18, 2014 with a written resolution by all shareholders, stating the following matters: (a) the “list of shareholders”, “Period Reduction Consent Form”; and (b) the registration of change was completed on the same day.
1. The officers of the Company shall be replaced by:
1. In-house director dismissed: the Plaintiff
2. The gist of the Plaintiff’s assertion is the cause of the instant claim. The Plaintiff, along with F and G, established H on September 21, 201, and held 30% shares as a promoter, who held shares of 120 million won at the time of establishment.