logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.11.15 2018가합62910
주주총회결의취소 등 청구
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On January 25, 2017, the Defendant is a company mainly established for the provision of services in the Formula 80 million when verifying the system as an automation producer, and the total number of issued and outstanding shares is 16,000 shares.

B. D, C, and E (hereinafter “D, etc.”) were shareholders holding not less than 3/100 of the total number of shares issued by the Defendant and demanded the Plaintiff, who was the representative director of the Defendant, to convene an extraordinary general meeting of shareholders, whose purpose is the “retirement of the Plaintiff by the representative director” and “election of the representative director of directors D” (hereinafter “instant agenda”). The Plaintiff did not take the procedure of convening the said extraordinary general meeting of shareholders.

C. On August 3, 2018, D, etc. requested the Defendant to permit the convening of an extraordinary general meeting of shareholders for the purpose of the above agenda. On October 25, 2018, the above court decided to allow the convening of the said extraordinary general meeting of shareholders.

(In Incheon District Court Decision 2018Bu530, hereinafter referred to as "the decision of this case"). D.

D, etc., through the certification of contents on November 2, 2018, issued a notice of convening a temporary general meeting of shareholders stating that D shall be the Speaker pro tempore pursuant to the instant decision and shall hold a temporary general meeting of shareholders at 9 A.M. as of November 19, 2018, with the purpose of the meeting at 9 A.M. as of November 2018.

E. The Plaintiff, through the content certification as of November 12, 2018 and the company’s organization-F reading room, expressed the Plaintiff’s opinion related to the progress of the provisional shareholders’ meeting, including that the Plaintiff is holding 50%, D 5%, and C and E respectively, since the Defendant’s shares are owned by 22.5%, the voting rights should be exercised accordingly, and that the said provisional shareholders’ meeting cannot dismiss the Plaintiff as the representative director or a director.

F. On November 19, 2018, the Defendant held a temporary general meeting at 9:00 A.M., all shareholders, including the Plaintiff and D, were present, and D were in the meeting as Speaker pro tempore, and the Plaintiff thereafter.

arrow