대표이사등해임청구
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 15, 1972, Defendant Company was established for the purpose of operating H in Songpa-gu Seoul Metropolitan Government I and J (hereinafter “H site”) on February 15, 1972, and the total number of issued stocks is 5,000 shares.
Defendant B continued to serve as the director and the representative director of the Defendant Company on July 24, 2000, and has been appointed as the director and the representative director. In recent years, on July 24, 2012, Defendant B was appointed as the inside director and the representative director and has been performing his duties until now.
On November 17, 1995, Defendant C was reappointed from office as a director of Defendant C on November 17, 201, and retired from office on November 17, 2010, and thereafter he was appointed as an internal director on July 3, 2013.
Defendant D was appointed as a director on November 17, 1998, and later retired on November 17, 2010. After Defendant D was appointed as a director of Defendant Company, Defendant D was reappointed on November 17, 2010, and was reappointed on December 16, 2013.
Defendant E and F were appointed as outside directors of Defendant E and F on June 4, 2009, respectively, and were reappointed on June 5, 2012.
Defendant G was appointed as outside directors of Defendant G on July 24, 2012.
K held 500 shares (10%) out of the Defendant’s shares that occurred, but on January 20, 2014, K convened a provisional shareholders’ meeting on the agenda of “the dismissal of Defendant B from office as director and representative director of Defendant C, D, E, F, and G from office as director of the Defendant Company.” On March 6, 2014, the provisional shareholders’ meeting was held for the dismissal of the Defendants’ director positions or representative director positions, and the said provisional shareholders’ meeting was present at the above provisional shareholders’ meeting.
On March 14, 2014, K transferred 500 shares of the Defendant Company to the Plaintiff, and notified the Defendant Company of the transfer of shares on March 17, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 8 (including branch numbers), Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether a proposal to dismiss a director is rejected at a general meeting of shareholders, or not, Article 385 or 385 of the Commercial Act (1) shall be made at any time; and