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(영문) 수원지방법원 2015.04.10 2014가합72237

회사에 관한 소송

Text

1. The Defendant changed the total number of shares to be issued by the company at a special shareholders’ meeting held on May 30, 2014.

Reasons

1. Determination: (a) the Plaintiff (6,000 shares), D (8,00 shares), and E (6,00 shares of the Defendant Company; (b) the Defendant Company held a provisional shareholders’ meeting on May 30, 2014; (c) made a resolution to change the total number of shares to be issued by the Defendant Company to 1,00,000 shares; (d) a resolution to issue new shares to 140,000 shares as ordinary shares; (e) a resolution to appoint C as an internal director; (e) a resolution to revise the articles of incorporation; (e) a resolution to revise the articles of incorporation (hereinafter “each resolution of this case”); (e) a temporary shareholders’ meeting on May 30, 2014; (e) a resolution to change the total number of shares to be issued by the Defendant Company to 1,000 shares; (e) a resolution to issue shares to 140,000 shares as common shares; (e) a resolution to amend the articles of incorporation.

According to the above facts, since the above provisional shareholders' meeting as of May 30, 2014 did not go through a resolution of convening a provisional shareholders' meeting or a notice of convening all shareholders' meetings, it is reasonable to view that each of the above provisional shareholders' meetings at the above provisional shareholders' meeting does not have a resolution because its procedural defect is extremely serious, and the plaintiff as a shareholder of the defendant company has a benefit to seek confirmation of its absence.

2. The conclusion is that the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.