주주총회 결의취소 청구의 소
1. The Defendant’s resolution on July 2, 2016 as indicated in the separate sheet shall be revoked.
2. The costs of lawsuit shall be.
Basic Facts
The defendant is a corporation with capital of 200,000,000 won (ordinary share 20,000, 10,000 won) established on May 27, 1993 for the purpose of automobile driving teaching business.
On June 29, 2016, the Plaintiff received 3,500 shares of the Defendant’s common share from Nonparty C, 4,000 shares per share from D, and 600 shares per share from E and F (hereinafter referred to as “C et al.”) respectively, respectively.
(hereinafter referred to as the “transfer of shares”). In the event of serious problems related to the notice of convening the board of directors and the notice of convening the board of directors meeting and the notice of announcing the meeting of the emergency board of directors, the convening of the board of directors shall be feas
If it is not possible to attend inevitably, the main time shall be determined by clarifying the intention of delegation and submitting the relevant documents to the 30-day morning.
On June 29, 2016, 23:30 o'clock B, 23:30 o'clock B, G representative director G, the Defendant representative director G, following the transfer of the instant shares, issued a notice of convening the board of directors of the Defendant through a cell phone text message with the following contents on June 29, 2016.
On June 29, 2016, the board of directors held around 23:30 on June 29, 2016 (hereinafter referred to as the “board of directors of this case”) (hereinafter referred to as the “board of directors of this case”) passed a resolution to convene a temporary general meeting of shareholders at the Non-Party representative director G, I, and H 3 from among Non-Party representative directors, directors, I, J, C5, G, I, and H 3 from among “Defendant Director Office of this case” (hereinafter referred to as the “resolution of the board of directors of this case”).
Unlike as stipulated in the resolution of the board of directors of this case, the Defendant sent a notice of convening a general meeting of shareholders as of June 29, 2016, in advance of the date and time, to the effect that the “General meeting of shareholders is held” was held at the “General meeting of shareholders on July 10, 2016.”
According to the above notification, the general meeting of shareholders called 0:00 on July 2, 2016 (hereinafter “instant general meeting”) is called the “resolution of the instant general meeting” as stated in the separate list.