이사회결의 부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Presumed facts
A. On June 13, 2008, the Plaintiff, as well as C, engaged in the manufacture and sales business of functional silkworms, presses, health drinks, etc. related to the prevention of hubling, the promotion of hairing, skining, and domination, etc. In addition, the Plaintiff invested in the method of providing the Defendant C with information on the extraction of raw materials necessary for the development and manufacture of products, and C entered into a partnership agreement with C to contribute to all kinds of human and material facilities, such as offices, factories, manufacturing facilities, human resources, etc. necessary for the development and manufacture and sale of products (hereinafter “instant agreement”).
B. According to the instant contract, C established the Defendant, whose business purpose is “cosmetic manufacturing and wholesale retail sales business”, etc. on June 23, 2008, and granted 20% shares of 1,000 in return for providing the Plaintiff with technology with the efficacy of promotion.
On the other hand, the plaintiff was appointed as the defendant's director and C as the defendant's representative director.
C. The Defendant’s board of directors (hereinafter “each of the instant board of directors”) adopted a resolution to increase the capital of 15,00 shares on June 13, 2009; April 14, 2010; August 23, 2010; November 30, 2012; and December 5, 2012; and 15,00 shares on June 13, 209; and 23,00 shares on August 23, 2010; and 30,00 shares each of the instant board of directors on November 30, 2012; and 69,00 shares each of the instant board of directors on December 5, 2012. < Amended by Act No. 9974, Jun. 13, 2012; Act No. 9971, Apr. 14, 2010; Act No. 9974, Aug. 23, 2010>
In this case, the Plaintiff did not attend each of the instant board of directors. C was indicted as follows: “The minutes of the temporary general meeting of the Plaintiff’s name on April 14, 2010, the minutes of the board of directors, the waiver of the acceptance of new stocks, the consent to the extension of the period of the highest subscription for the forfeited stocks, the minutes of the temporary general meeting of the board of directors on August 23, 2010, the minutes of the board of directors’ meeting, the renunciation of the acceptance of new stocks, the consent to the extension of the period of the highest subscription for the forfeited stocks, the consent to the extension of the period of the highest subscription for the forfeited stocks, the consent to the extension of the period of the highest subscription for the forfeited stocks as of November 30, 2012, and the consent to the extension of the period from the Daejeon District Court on March 28, 2016.”
[Ground of recognition] There is no dispute.