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(영문) 창원지방법원 2015.06.11 2014가합2648

주식회사 이사해임의 소

Text

1. The plaintiffs' lawsuits against defendant E are dismissed.

2. The plaintiffs' remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. The relationship between the parties 1) The current status of the shareholders of Defendant F Co., Ltd. (as of August 8, 2013, the total capital of Defendant F Co., Ltd.) was 850,000,000, the total number of outstanding shares was 170,000, and the total number of outstanding shares was 71,000 shares (41.77%) of Plaintiff A Co., Ltd., Ltd., 10,000 (5.88%) of Plaintiff B, 4,000 shares (2.35%) of Plaintiff C, 70,000 shares (41.18%) of Defendant D Co., Ltd., Ltd., 15,000 shares (8.2%) and Defendant F Co., Ltd., Ltd. as officers of Defendant F Co., Ltd., Ltd., and the total number was 170,000 shares, and Defendant D Co.,21, 2015.27.

B. From February 23, 2010, Defendant D established Defendant F Co., Ltd. on May 27, 2011, on the following grounds: (a) the actual operation of Defendant D, a company aimed at the manufacturing of automobile parts, electric painting, industrial machinery, etc. (former trade name: J Co., Ltd., representative director: K., and in-house director: Defendant E); and (b) around May 201, Defendant D established Defendant F Co., Ltd. on May 27, 201, with the representative director G of the Plaintiff Co., Ltd., for the purpose of the manufacturing of automobile parts, the automobile parts sales business, the pre-sale business, and the export and import business of automobile parts.

C. The Plaintiffs, as shareholders of the extraordinary shareholders’ meeting and the dismissal of directors, claimed that Defendant F Co., Ltd. hold a provisional shareholders’ meeting with the “case of removal from directors D and E” as the subject of the “case of removal from office.”

Defendant F, a stock company, accepted the above claim and held a provisional general meeting on April 28, 2014. For the purpose of the meeting, the “case of dismissal of directors D” as an agenda item No. 1, and the “case of dismissal of directors E” as an agenda item No. 2, was resolved at the meeting, and each of the above items becomes the result of voting and the number of votes of approval.