logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.12.13 2018가합55710
주주총회결의취소등
Text

1. A resolution that amends the articles of incorporation regarding the total number of shares to be issued by the Defendant at a special shareholders’ meeting on June 29, 2018.

Reasons

1. Basic facts

A. 1) The defendant is a stock company established on July 25, 2008 to conduct real estate sale business, lease business, sale business, etc., and its capital is KRW 200 million (Evidence A 1) around June 21, 2018. (2) The plaintiff holds 9,000 of shares issued by the defendant among 20,000 shares issued by the defendant.

(A) Evidence 2. (b)

The defendant's articles of incorporation (1) provides that "a notice of convening a special general meeting of shareholders shall be convened whenever necessary, as prescribed by the resolution of the board of directors and other laws and regulations (Article 16 subparagraph 1) (2). (2) The defendant's internal director D sent a muster notice to the plaintiff on June 21, 2018 that he/she will hold a special general meeting of shareholders (hereinafter "the instant general meeting of shareholders") on June 29, 2018.

C. The resolution of the general meeting of shareholders of this case and the issuance of new shares of this case 1) on June 29, 2018, the Defendant opened the general meeting of shareholders of this case and changed the total number of shares to 20,000 shares to 80,000 shares as stipulated in Article 5 of the Defendant’s articles of incorporation (hereinafter “the resolution of the general meeting of shareholders of this case”). The Defendant newly issued 20,000 shares on July 4, 2018, and completed the registration by changing the total number of outstanding shares to 40,000 shares from 20,000 shares to 40,000 won.

(hereinafter “Issuance of New Shares in this case”). 【No dispute exists, Gap’s 1, 2, Eul’s 1, 2, and Eul’s 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Since the resolution of the instant general meeting of shareholders is defective as follows, the resolution of the instant general meeting of shareholders should be revoked.

1) If the Defendant intends to hold a provisional shareholders’ meeting, he/she must give a notice of convening a general shareholders’ meeting in writing ten days prior to the general shareholders’ meeting. However, the Defendant did not send a notice of convening a general shareholders’ meeting of this case ten days prior to the date of holding the general shareholders’ meeting of this case to the Plaintiff.

arrow