주주총회결의 부존재확인의 소 등
1. Of the instant lawsuit, the Plaintiff’s lawsuit against Defendant B regarding the non-existence of the resolution of the general meeting of shareholders on June 24, 2016.
1. Basic facts
A. Defendant Company (former Trade Name: F) was established on February 26, 199, as a company aimed at the business of manufacturing paints.
The capital of the Defendant Company is KRW 100,000, the total shares are KRW 20,000, and KRW 8,200, among them, Defendant C, 3,600, and the remainder of KRW 8,200, are owned by Nonparty G.
B. On April 2, 2001, the Plaintiff, G, and Defendant C concluded a contract stating that “The net income after the Defendant Company’s taxation shall be distributed annually to G, Defendant C, Plaintiff, and employees at the rate of 3:3:31” (hereinafter “instant dividend contract”).
C. The change in the executive officers of the defendant company mentioned in the full certificate of the registered matters of the defendant company (No. 2, No. 4-1) shall be as follows:
1) On March 25, 2002, Defendant C was the only director of the Defendant Company, the Plaintiff, and the auditor respectively. (2) Defendant C was on March 31, 2005, and March 31, 2008, and was on March 31, 2008, and was in office as an internal director on March 31, 201 and March 31, 2014.
The Plaintiff was on March 31, 2005, March 31, 2008, March 31, 2008, March 31, 201, March 31, 201, and March 31, 2014, and retired from the position of auditor on March 10, 2015.
3) On August 25, 2015, Defendant C resigned from the position of director of the Defendant Company and assumed office as the representative director and director of the Defendant Company. On the same day, Defendant D and E also assumed office as the inside director of the Defendant Company. 4) On June 24, 2016, Defendant C resigned from each of the above positions, and on the same day, Defendant C again assumed office as the representative director of the Defendant Company and the inside director of the Defendant Company, Defendant D and E respectively.
G was left China on March 30, 2007 and returned to Korea on February 5, 2008, and after departure from France on July 13, 2010, its location cannot be known.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, 4, Eul evidence 4-1, fact inquiry results to the head of Incheon Immigration Office, the purport of all pleadings
2. Summary of the plaintiff's assertion
A. Defendant C is the defendant.