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(영문) 인천지방법원부천지원 2020.09.23 2020가합103275

주주총회결의부존재확인의 소

Text

At the special shareholders' meeting on May 15, 2020, there is no resolution to appoint inside directors E, F, G, and auditor H respectively.

Reasons

1. Basic facts

A. 1) The Defendant is a company established for the purpose of internal construction business and assembly-type construction business on November 7, 1994. 2) The Defendant’s temporary general meeting and board of directors on December 5, 2016, appointed the Plaintiff as a representative director and internal director, and the Plaintiff B and C as an internal director, respectively. The Plaintiffs are listed in the Defendant’s register of shareholders from around that time to the time of the closing of argument in the instant case.

(Plaintiff A: 9,00 shares, Plaintiff B: 6,00 shares, Plaintiff C: 15,00 shares). B

On November 11, 2005, the Defendant obtained a loan of KRW 125 billion from K, etc. for a new construction project at Suwon-si, Suwon-si, J-si. At that time, the Plaintiff (6,000), L (6,000), M (13,500 shares), N (1,50 shares), N (1,500 shares), andO (3,000 shares) offered a total of 30,00 shares issued by the Defendant as security for transfer to K Co., Ltd. on September 21, 2017.

C. On May 15, 2020, around 09:00 on May 15, 2020, the minutes of the extraordinary general meeting of shareholders held by the defendant on May 15, 2020, the defendant held a provisional general meeting of shareholders held by all shareholders (E, S, and T) at the meeting room of the law firm conference located in Qa-gu Seoul Special Metropolitan City on May 15, 2020, and the defendant decided to appoint H as internal directors, E, F, G, and auditor.

The defendant's minutes of the board of directors dated May 15, 2020 of the defendant's board of directors dated May 15, 2020 shall be the same as the defendant around 09:40 on May 15, 2020.

All directors (E, F, G) and auditors (H) were present at the place described in the subsection, and the resolution was made to appoint E as the representative director.

E. On June 1, 2020, the minutes of the special shareholders' meeting held on June 1, 2020 by the defendant of the special shareholders' meeting held on June 1, 2020 stated that the defendant held a special shareholders' meeting held at the meeting room of the Nowon-gu U.S. Seoul Special Metropolitan City (E, S, and T) on June 1, 2020, and that all shareholders (E, S, and T) passed a resolution to appoint I as an internal director.