beta
(영문) 수원지방법원안양지원 2020.02.14 2018가합102183

회사에 관한 소송

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company that operates various required water treatment machinery and manufacturing business.

According to the shareholder registry of the Defendant Company, C, the representative director of the Defendant Company, holds 11,00 shares out of 22,000 shares issued by the Defendant Company, 4,50 shares out of 50 shares, 20.45% of the Plaintiff, who is an employee, and 3,250 shares of each of 14.77% of other employees D and E, respectively.

B. On April 2, 2018, registration was completed on March 31, 2018 on the corporate register of the Defendant Company: (a) on March 31, 2018, C was registered as one of the intra-company directors and representative directors; (b) D was an intra-company director; and (c) E was reappointed.

C. Around July 3, 2018, the Defendant Company sent a notice of convening a temporary general meeting of shareholders to the Plaintiff, C, E, and D, who are shareholders, by content-certified mail, as follows:

In accordance with Article 363 of the Commercial Code and Article 22 of our Articles of Incorporation, the notice of convening a temporary general meeting of shareholders shall be present at the meeting as follows:

1. Date: 10 am on July 16, 2018;

2. The president of the Republic of Korea in the Si/Gun/Gu in the place F and G.

3. A bill for the purpose of meeting (1) 1: A bill for the appointment of the Speaker pro rata to the general meeting of shareholders: A bill under subparagraph 2-1 for the appointment of an inside director: A bill under subparagraph 3 for new appointment of an inside director C: A bill under subparagraph 4 for new appointment of a representative director C: A bill under subparagraph 4 for new appointment of a representative director C: A new appointment of an inside director E for the appointment of an auditor;

D. Around 10:00 a.m. on July 16, 2018, the Defendant Company held a provisional shareholders’ meeting (hereinafter “the instant provisional shareholders’ meeting”) and all shareholders, including the Plaintiff, were present.

At the above general meeting, C, D, and E (hereinafter collectively referred to as "C, etc.") expressed their intention to resign from office as an executive officer of the defendant company, and a majority of shareholders present at the meeting was adopted to appoint C as the Speaker pro tempore as the Speaker pro tempore of the general meeting

Since then, a resolution to appoint C and D as a director of the Defendant Company, C as a representative director, and E as an auditor (hereinafter “instant resolution”).

참조조문