주주총회결의 취소 청구의 소
1. Of the instant lawsuit, the part concerning the Plaintiff A’s claim shall be dismissed.
2. The plaintiff B's claim is dismissed.
3. The costs of the lawsuit.
1. Basic facts
A. The Defendant Company is a company established for the purpose of manufacturing the freezing machinery.
B. Details of the change in shares of the Defendant Company are as follows.
No. 15,000 capital increase on December 15, 2018; 20,000 capital increase on December 15, 2018; 20,000 20,00 32,000 as of May 15, 2018; 32,000 B B 4,000 15,000 15,000 15,000 15,000 15,000 3 E 3 E 1,800 1,500 1,500,500 1,500 1,500,501,500 0,500 1,500,500 1,500,500 Ga 1,5000,500 Ga 1,500,500 10,5010,5010 or more
C. D was reappointed as a director and a representative director on March 31, 2015. On March 31, 2018, at a temporary general meeting of shareholders, the Defendant Company retired from the representative director, and made a resolution of being reappointed as an internal director with the representative authority of the Defendant Company. On June 1, 2018, the Defendant Company held a temporary general meeting of shareholders on June 1, 2018 and made the instant resolution with the consent of D’s shares (64%) in the presence of D and Plaintiff B.
On March 14, 2018, N entered into a sales contract with the Plaintiff to purchase 12,000 shares issued by the Defendant (hereinafter “instant shares”) at KRW 270,000,000. N requested transfer of ownership against the Defendant Company on or around March 27, 2018, but rejected.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, 13 (including each number), Eul evidence No. 1, the purport of the whole pleadings
2. Judgment on the parties' arguments
A. The Plaintiffs 1) Plaintiff B purchased 15,000 shares of the Defendant Company (30%) and 12,000 shares of the Defendant Company (24% shares), and N purchased shares of the Defendant Company A on March 14, 2018.
At the time of the resolution of this case by Defendant Company, the Defendant Company was unable to exercise its voting rights against Plaintiff A or N, a substantial shareholder. Thus, the resolution of this case must be revoked due to the defect of infringing the voting rights of shareholders.
In addition, the defendant company's bill No. 5 is proposed at the temporary shareholders' meeting on June 1, 2018.