주주총회결의부존재확인 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Defendant Company is a corporation established on July 2, 1996 for the purpose of automobile cargo transport business, automobile cargo transport brokerage, and intermediation business, etc., and the Plaintiff is a person who served as an internal director of the Defendant Company from March 25, 2013 to January 9, 2014.
B. On December 18, 2013, D, a shareholder of the Defendant Company, delivered to the Plaintiff a share transfer contract, which was received from and kept by other shareholders C, and a share transfer certificate regarding the shares he/she owns.
C. On December 26, 2013, the Plaintiff entered into an agreement with D to pay an amount equivalent to KRW 182 million by the end of March 2014, in return for the acquisition of the right to a rolling stock managed by the Defendant Company in lieu of the payment of the share transfer price.
On January 9, 2014, the Defendant Company, with the consent of E, D, F, C, and G as shareholders on the shareholder registry, dismissed the Plaintiff from the inside director in lieu of the resolution of the general meeting of shareholders, and made a written resolution to appoint D, C as the inside director and the representative director of the Defendant Company (hereinafter “the resolution of this case”).
E. Meanwhile, at the time of the resolution of this case, the register of shareholders of the Defendant Company stated that E holds 1,000 shares, D 600 shares, F holds 500 shares, C 6,900 shares, and G holds 6,00 shares.
[Ground of recognition] Facts without dispute, Gap evidence 8, Gap evidence 10-3 and 4, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. On December 18, 2013, the Plaintiff asserted that: (a) among shares 15,00 shares issued by the Defendant Company, the Plaintiff was a shareholder who acquired shares 6,600 shares and shares 6,900 shares owned by D in its own name; and (b) was a company director of the Defendant Company; (c) the Defendant Company deprived the Plaintiff of the Plaintiff’s status as the company director by making the instant resolution without notifying the Plaintiff, a shareholder; and (d) the instant resolution was adopted.