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(영문) 전주지방법원 2015.05.13 2014가합4933

회사에 관한 소송

Text

1. The plaintiff's main claim is dismissed.

2. A at a special shareholders’ meeting held on June 30, 2014 by the Defendant’s auditor.

Reasons

1. Facts of recognition;

A. The status of the parties is a company with the objective of hot spring development business, etc., and the Plaintiff was appointed as the Defendant’s auditor on November 9, 2012.

B. The Defendant’s shareholder status on March 31, 2014, which constitutes the Defendant’s shareholder, is as follows.

§ 1 G 1 G 1,00 1 G 2 H 300 33,500 J 600 J 65 K 1,000 6 6 6 C 800 87 L 2,800 2,800 280 100 100

C. On April 24, 2014, the Plaintiff filed a request with the Defendant to convene a general meeting and the board of directors. On June 7, 2014, J of the Defendant’s representative director notified the Defendant that a temporary general meeting should be convened on June 20, 2014, without complying with the Plaintiff’s above request. (2) The Plaintiff sent an opinion to the Defendant on June 12, 2014, stating that “The instant general meeting is not specified in the notice to convene a general meeting of shareholders, which is the subject of the meeting requested by the Plaintiff, is restored to the original state related to the sale of the rights of members, which is the subject of the meeting requested by the Plaintiff, and is related to the comprehensive exemption of the auditors, cases concerning the cancellation and the right of retention of pledges established at the place of the business branch, cases concerning the handling of accounting affairs, cases concerning the handling of the accounting affairs, and cases concerning other matters related to the management of the company, as the same subject matter should be stated, and the genuine shareholder is a dispute.”

With respect to the Defendant’s board of directors (hereinafter “Board of Directors”) on June 15, 2014, the minutes of the meeting are as follows: (a) two of three directors among the total number of directors at the meeting room in Seoul branch office on June 15, 2014; and (b) one of the total number of auditors is present at the board of directors on June 15, 2014; and (c) the Chairman J explained that it is necessary to hold a temporary general meeting for modification of the articles of incorporation and change of officers; and (d) sought opinions on the “case of holding a temporary general meeting of shareholders.” Each director (referring to J and L present at the meeting).