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(영문) 수원지방법원평택지원 2016.07.14 2015가합8386
회사에 관한 소송
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company established on September 17, 2012 for the purpose of housing leasing business, etc., and the Plaintiff is a shareholder who holds 34% of the total number of stocks issued by the Defendant.

B. On September 17, 2012, the Plaintiff was the Defendant’s internal director and the representative director, Nonparty D was the Defendant’s internal director, and Nonparty E was the Defendant’s auditor.

On February 25, 2013, the non-party F was appointed as the defendant's internal director.

On January 22, 2014, the Plaintiff was dismissed from the representative director, and D was appointed as the representative director on the same day.

Nonparty G and H were appointed as the Defendant’s internal director on June 19, 2014.

C. Around July 2014, the Plaintiff filed an application with D and F for a provisional disposition of suspending the performance of duties with this Court as 2014Kahap10011. On February 11, 2015, the court rendered a decision on February 11, 2015 that the Plaintiff’s appointment of D’s representative director, director’s duties, and F’s inside director’s duties as D’s agent during the suspension period of duties as D’s agent and attorney J as F’s agent.

In the lawsuit for the confirmation of dismissal of directors of this court No. 2014Gahap9313, the main text of the above case, the above court rendered a judgment dismissing the lawsuit on May 6, 2015 on the ground that D's representative director and director positions of the defendant, and F's resignation on February 12, 2015, which became final and conclusive around that time.

The Defendant, around January 1, 2015, omitted the Defendant’s director D, F, G, and H’s separate convocation procedures, and attended the board of directors held on January 14, 2015, and made a resolution to grant a loan of KRW 6.4 billion from community credit cooperatives to the Defendant, and omitted the procedures for separate convocation, and at the general meeting of shareholders held on January 14, 2015, attended the general meeting of shareholders held on January 14, 2015, and submitted a draft resolution of the general meeting of shareholders, which decided to grant a loan of KRW 6.4 billion from community credit cooperatives to community credit cooperatives, and received a loan from community credit cooperatives.

(e) G. G.

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