주주총회 및 이사회결의 부존재확인 등
1. All of the plaintiff's lawsuits of this case are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The status C Co., Ltd. (hereinafter “C”) is a corporation that is engaged in construction business, etc. (hereinafter “C”), and the Plaintiff is a person who was declared bankrupt by Ulsan District Court 2014Hahap4, March 17, 2014) working as the representative director C.
B. On August 30, 2007, the Office of Education of Ulsan-gu, Ulsan-gu, Office of Education provides management and operation rights to the private sector and pays the rent (hereinafter “instant business”).
(2) A Master Plan was formulated and publicly announced. (2) C, E (hereinafter “E”) and F Co., Ltd. (hereinafter “F”) were selected as the priority negotiation subject of the instant project around December 2007. Around December 14, 2007, the Ulsan Metropolitan Office Office of Education agreed to establish a defendant as a special purpose corporation and carry out the instant project.
3) On December 18, 2007, C, the representative of promoters (C, E, and F), held the general meeting of promoters which establishes the Defendant on December 18, 2007, and at the above general meeting of promoters, the Plaintiff was appointed as the president of the general meeting of promoters, G, A, each director of H, and H, respectively. 4) Meanwhile, at the time of the establishment of the Defendant Company, the total amount of capital of the Defendant Company is KRW 50 million (Issuance 10,000,000 per share), and at the time of its establishment, at the shareholders’ meeting of December 18, 2007, C, among the shares of the Defendant Company, was holding KRW 4,00, E, 4,000, and 2,000 shares, respectively.
C. The Defendant’s representative director change process was established on December 18, 2007. G was appointed as the Defendant’s representative director, and G resigned on March 9, 2010. On March 9, 2010, I was appointed as the Defendant’s representative director and resigned on March 21, 201.
Since then, J was appointed as the defendant's representative director on March 21, 2011.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 3, Gap evidence 2-1, 2-2, Gap evidence 6-4, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The Plaintiff was determined to have been appointed as the representative director at the time of incorporation between the promoters, and the Plaintiff.