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(영문) 수원지방법원 평택지원 2017.03.30 2016가합8543
주주권확인 등
Text

1. The plaintiff A is a shareholder of 50,000 share of 100,000 common shares issued by the defendant and an inside director of the defendant.

Reasons

1. Basic facts

A. The Defendant’s total number of outstanding shares is 100,000 shares, and around June 2015, the register of shareholders was registered as the Plaintiff’s holding 50,00 shares (50%), D, and E, respectively. 25,00 shares (25%).

B. Plaintiff A was a shareholder of the Defendant, a joint representative director, and an internal director. The transcript of the Defendant’s corporate register is registered as Plaintiff A from the joint representative director on October 12, 2015 to the joint representative director, and from January 11, 2016 to the inside director. Plaintiff B was a person who was employed as the Defendant’s auditor, and Plaintiff B was appointed as the auditor on March 17, 2014 in the Defendant’s corporate register, and was registered as dismissed on January 11, 2016.

C. D is a person who held office as a shareholder, joint representative director, or internal director of the defendant, and D is registered as the resignation of an internal director or joint representative director on October 12, 2016 in the defendant's corporate register, and E is registered as a member of the defendant's joint representative director on October 12, 2015, after he/she held office as the defendant's joint representative director on October 12, 2016, he/she resigned from office on October 24, 2016.

On the other hand, F, his father, has been registered as a defendant's internal director on October 12, 2016.

D On September 23, 2015, the court filed an application with the Plaintiff for provisional injunction against the Plaintiff to the effect that “no Plaintiff A shall perform his/her duties as a joint representative director or director until the final judgment on the merits of the case claiming the removal of directors against the Plaintiff,” and withdrawn the application for provisional injunction on January 5, 2016.

In the above provisional disposition application submitted by D and the written brief submitted by Plaintiff A on December 31, 2015, the plaintiff was stated as a shareholder holding 50% of the defendant's shares.

E. The Defendant, while attending D, F, and E, is a temporary shareholders’ meeting as of January 11, 2016 (hereinafter “instant shareholders’ meeting”).

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