주주총회결의부존재 확인등
1. On December 21, 2015, the Defendant’s decision to dismiss the Plaintiffs from directors at a special shareholders’ meeting is revoked.
2...
1. Facts of recognition;
A. The defendant is a stock company that runs transportation business with capital of 10 million won.
B. On June 18, 2015, the Defendant: (a) prescribed that the articles of incorporation should not be organized by the board of directors; (b) subsequently, the Plaintiff and D 20,000 directors were appointed as the Defendant’s directors; and (c) amended the articles of incorporation to delete the articles of incorporation provisions that prevent the Plaintiff from forming the board of directors through a resolution of a temporary general shareholders’ meeting on June 18, 2015; and (d) additionally
C. On September 3, 2015, the Defendant borrowed KRW 1 billion from G from September 3, 2015, and transferred 1,001 shares held by B to G to secure this.
On the same day, the defendant held a temporary general meeting of shareholders and resigned from the directors D, E, and F, and G was appointed as directors and representative directors.
(The defendant did not undergo a resolution of the board of directors separately at the time of appointing G as the representative director).
On November 2, 2015, the Defendant borrowed KRW 150 million from H, and transferred 500 shares to H in order to secure this.
On the same day, the defendant held a special general meeting of shareholders and appointed H and Plaintiff B as a director.
(B) On the other hand, G transferred 50 shares among the Defendant’s shares that were acquired from the above B on the same day to I.
E. On December 21, 2015, the Defendant held a temporary general meeting of shareholders (hereinafter “instant general meeting of shareholders”) on December 21, 2015, and all of its shareholders (G, I, H, and the Plaintiffs were present, but the agenda for dismissal of the Plaintiffs from the board of directors was presented, and the Plaintiffs were removed from the board of directors, and the remaining shareholders resolved to dismiss the Plaintiffs from the board of directors (hereinafter “instant resolution”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 3 and 17, the purport of the whole pleadings
2. The parties' assertion
A. The defendant is against the defendant of G.