주주총회결의무효확인의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts below the underlying facts do not conflict between the parties or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence Nos. 1, 2, 3, Eul evidence No. 1, 2, 3, 4, 6, 7, 8-1, 2, 9, 10-1 and 2.
As a stock company established for the purpose of water pollution prevention facility business, the total number of outstanding shares is 60,000 shares, and the plaintiff holds 18,000 shares (30% of the total number of outstanding shares) among the shares issued by the defendant, and C holds 36,000 shares (60% of the total number of issued shares) among the shares issued by the defendant, and D, which held 6,000 shares (10% of the total number of issued shares), among the shares issued by the defendant, transferred such shares to E, the representative director of the defendant, around July 2015.
(hereinafter referred to as “transfer of shares of this case”). (b)
At the time of July 2015, the defendant's director was the plaintiff, E, and C, and on July 10, 2015, E issued a notice of convening the board of directors' convocation on July 27, 2015, stating that ① approval of the decision to pay the plaintiff, ② approval of the decision to dismiss the plaintiff, ③ approval of the decision to dismiss the plaintiff, ③ the board of directors with the resolution to dismiss the plaintiff as an agenda item.
E and C attended the Defendant’s board of directors held on July 27, 2015 (hereinafter “Board of Directors”) and passed a resolution of the board of directors (hereinafter “the resolution of the board of directors of the instant case”) with the consent of all members present at the board of directors to approve the transfer of the instant shares, the reduction of disciplinary measures against the Plaintiff, and the removal from position, respectively, and to convene a general meeting for the removal of the Plaintiff’s director.
C. On August 7, 2015, E notifies the Plaintiff on August 24, 2015, according to the resolution of the board of directors of the instant case, that a temporary general meeting of shareholders is convened to dismiss the Plaintiff’s director. On August 24, 2015, E attended the Defendant’s temporary general meeting of shareholders held on August 24, 2015 (hereinafter “instant general meeting of shareholders”) by the Plaintiff, C (E’s agent) and E’s attendance at the meeting and voting on the dismissal of the Plaintiff from the board of directors. As a result, the Plaintiff was 42,00 shares, 18,00 shares, and 18,00 shares