beta
(영문) 인천지방법원 2017.11.10 2017가합53445

회사에 관한 소송

Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is the defendant's shareholder as a corporation that runs the manufacture and sales business of chemical drugs.

B. The Defendant’s articles of incorporation provide that “the total number of shares to be issued by the Defendant shall be 240,000 ordinary shares (Article 5) and “the total number of shares to be issued at the time of incorporation shall be 60,000 shares” (Article 7).

On April 30, 199, the defendant issued 60,000 shares as of its incorporation, and additionally issued 20,000 shares around October 20, 201.

C. As of January 12, 2017, the Defendant’s current shareholder status is as listed below.

Plaintiff B 20,000 Plaintiff C 20,000 Defendant Auditor A 10,000 Plaintiff D 10,000 Plaintiff D 20,000 F 20,000 Defendant representative director, aggregate of 80,000

D. On December 28, 2016, the Defendant sent to the shareholders a “written peremptory notice on the allotment of new shares and the forfeiture of rights” with the following content.

The defendant's board of directors on December 28, 2016 passed a resolution to issue new shares for capital increase with capital increase as follows pursuant to Article 419 of the Commercial Act.

Therefore, as the thickness has been allocated with the following new shares, it is possible to make an offer by the next date, and if you do not make an offer to underwrite shares with a thickness, they will lose their rights:

The following:

1. The classes and number of new shares: 200,000 common shares;

1. The issue value of new stocks: 5,000 won;

1. The date of subscription: January 12, 2017;

On January 12, 2017, the Defendant, at the meeting of the board of directors on January 12, 2017, decided to issue 160,000 common shares to 5,00 won per common share at a par value, and on January 26, 2017, sent the “Peremptory Notice on New Stock Allocation and Preliminary Notice on Forfeiture of Rights” containing the purport that no subscription should be made by January 26, 2017.

F. As of January 12, 2017, as of January 12, 2017, the Defendant’s executive officers were the representative director F, in-house directors G, H, and auditor C. However, the inside director H prepared a letter of resignation stating the resignation of the director on January 13, 2017 and the Plaintiff’s representative director’s future.

참조조문