주주총회결의취소
1. On March 30, 2016, the Defendant made a resolution to appoint J, K, L, M, N,O, P, Q, R, T, T, U, and V as its directors at a general meeting of shareholders.
1. Basic facts
A. The Plaintiffs are the Defendant’s shareholders, and among them, Plaintiff A was registered as the Defendant’s representative executive director from February 24, 2016 to March 11, 2016.
B. On March 14, 2016, the Defendant’s board of directors held a board of directors to hold a 40-time general meeting of shareholders (hereinafter “instant general meeting of shareholders”) at the third floor of the Defendant’s research institute on March 14, 2016, the Defendant’s board of directors resolved to hold the 40-time general meeting of shareholders (hereinafter “instant general meeting of shareholders”) under the resolution of the board of directors: 40 (the Defendant, as a listed company, may substitute a notice of convening a general meeting of shareholders pursuant to Article 542-2(1) of the Commercial Act).
C. On March 30, 2016, W, who is the Defendant’s internal director and the chairman of the board of directors, was the chairman of the instant general meeting of shareholders and resolved on each of the instant agenda items. Thereafter, some of the shareholders dismissed X and Y from the Defendant’s outside director as the Defendant’s outside director, and proposed an agenda item, such as appointment of J, K, K, M, N, M, P, Q, Q, R, T, T, U, and V (hereinafter “J, etc.”) as the Defendant’s internal director or outside director (hereinafter “emergency action”).
W presented the relevant agenda as the agenda of the general meeting of shareholders of this case according to the emergency launch of this case, and the resolution to appoint J, etc. as the defendant's director was made at the general meeting of shareholders of this case (hereinafter "resolution of this case").
The Plaintiffs filed the instant lawsuit on May 27, 2016, which was two months from the date of the instant resolution.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 17, 18, 21, 23, and 26, Gap evidence No. 22, Gap evidence No. 25-1 through 6, the purport of the whole pleadings
2. The summary of the plaintiffs' assertion is as follows.