주주총회결의무효확인 등
1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. Defendant B’s general meeting of shareholders from July 16, 2014.
1. Basic facts
A. The Defendant Company is a legal entity that runs the business of tourist travel leasing and brokerage, etc., and the Plaintiff and E are the persons appointed as the representative director of the Defendant Company on December 28, 201 and registered as the representative director of the Defendant Company on December 29, 201.
B. The total number of shares issued by the Defendant Company is 20,000 shares, and F, E, and E, the husband of the Plaintiff, and wife G, who owned 5,000 shares of the Defendant Company, respectively, and F, upon the death of December 10, 201 by the F, inherited to the Plaintiff, H, and D, the heir of F, who is the F, 5,00 shares of the Defendant Company.
C. On July 16, 2014, and August 26, 2014, as the representative director of the Defendant Company, E held each of the instant shareholders’ meetings without notifying the Plaintiff, H, and D of the convocation of each of the instant shareholders’ meetings, while holding the first shareholders’ meeting as of July 16, 2014 (hereinafter “the first shareholders’ meeting”); and on August 26, 2014, the second shareholders’ meeting as of August 26, 2014 (hereinafter “the second shareholders’ meeting”); and accordingly, even if the Plaintiff, H, and D failed to attend each of the instant shareholders’ meetings, E, who is the remainder of the shareholders, was appointed as a director at the first shareholders’ meeting as of the first shareholders’ meeting (hereinafter “the first shareholders’ meeting”); and the second shareholders’ resolution was adopted from each of the instant shareholders’ meeting as to the removal and removal of Plaintiff 2, and the second directors’ respective of the shareholders’ meeting as to the “the second directors’ meeting” (hereinafter “the second directors’ resolution”).
The main contents of the articles of incorporation of the defendant company in relation to the case are as follows.
Article 25 (Convocation of General Meeting) (2) Except as otherwise provided in Acts and subordinate statutes, the representative director shall convene a meeting by a resolution of the board of directors.
Article 26 (Notice of Convocation) (1)