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(영문) 서울남부지방법원 2018.06.01 2017가합110473

회사에 관한 소송

Text

1. The plaintiff 104,00 shares issued by the defendant B Co., Ltd. among the lawsuit of this case are 10,000 shares.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company engaged in the chartered bus transport business, etc. and the total number of issued stocks is KRW 180,000 of ordinary shares (amounting to KRW 5,000). Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company established with the total number of issued stocks on October 27, 2010 for the purpose of chartered bus transport business as KRW 40,000 of ordinary shares (amount to KRW 5,000 of face value) of total number of issued stocks on October 27, 2010. The Plaintiff and Defendant D are the shareholders of Defendant B and C, who run the above companies.

B. On March 31, 2013, the shareholder registry of Defendant B and C entered that the Plaintiff owned 84,000 shares and 56,000 shares among the total outstanding shares. However, around November 2014, Defendant B and Defendant D accepted 20,00 shares of new shares additionally issued around 140,000 shares, respectively. Accordingly, the shareholder registry of November 21, 2014 entered that the Plaintiff owned 104,00 shares, and Defendant D owned 76,00 shares, respectively. (2) around March 3, 2014, the shareholder registry of Defendant C stated that the Plaintiff owned 16,00 shares among the total outstanding shares, and Defendant D owned 40,00 shares, and Defendant D 24,00 shares.

C. At the special shareholders’ meeting held on May 25, 2017 of the resolution of the provisional shareholders’ meeting held on May 25, 2017, Defendant B claimed that Defendant B is one shareholder who owns all the 40,000 shares of B’s total issued stocks (the same shall apply as seen earlier), Defendant D retired from office on March 31, 2016, and the internal directors retired from office on May 25, 2017. As such, Defendant B passed a resolution to the effect that the retirement and resignation should be resolved, and that Article 30 of the articles of incorporation of Defendant B on the number of directors should be changed to the effect that the number of directors should be at least one director, and accordingly, Defendant B’s registration of the appointment of the inside directors was completed on June 12, 2017.

Defendant C’s May 28, 2017 and ..