회사에 관한 소송
1. The resolution made by the Defendant on February 26, 2018 at a special shareholders’ meeting shall be revoked.
2. The costs of lawsuit shall be.
Facts of recognition
The sum of the number of shareholders in the shareholders' list of the defendant company and the common shares in the shareholders' list of the defendant company
(The common shares of the Defendant Company are all voting rights. C. 36,607 42.46% below the second decimal point, Plaintiffs 33,792 39.20% D 12,80 14.84% E 1,920 1,920 2.84% E 1,920 2.22% above 5020.58% G 5020.58% above H 80.09% above H 80.0.09% above 86,203 Defendant’s total capital amount is 431,015,000 won, and Defendant’s shareholder composition and ownership ratio on the shareholder registry as of November 17, 2014 are as follows.
A notice of convening a temporary general meeting of shareholders on February 26, 2018 was issued to D, E, F, G, and H, which are recorded as shareholders in the Defendant’s shareholder’s shareholder registry on February 9, 2018, stating that “A request for the attendance of a temporary general meeting of shareholders on February 26, 2018 as an agenda item for the appointment of new directors, etc. on February 26, 2018.” However, a notice of convening a temporary general meeting of shareholders was not issued to the Plaintiff registered as shareholders on the shareholder registry.
On February 26, 2018, the defendant held a temporary general meeting of shareholders and passed a resolution as shown in the attached Table 2018.
The above provisional shareholders' meeting is referred to as the "general shareholders' meeting of this case".
2) The Plaintiff asserted that there was no dispute over the grounds for recognition, Gap 1, 3, Eul 2, 9, and 10, and the purport of the entire pleadings. The Plaintiff asserted that there was a defect in the convening procedure, which did not notify the plaintiff, prior to convening the general meeting of shareholders of this case. The Plaintiff sought revocation of the resolution made at the general meeting of shareholders of this case.
As to this, the defendant asserts that the plaintiff is a shareholder on the register of shareholders, but the beneficial shareholder on the shares registered on the register of shareholders under the name of the plaintiff is C, and that the resolution of the general meeting of shareholders of this case is not defective, unless the notice of convening the general meeting of shareholders of this case
Judgment
relevant legal principles.