logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2019.08.23 2019가합15468
회사에 관한 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a company that runs the business of manufacturing and selling concrete, and the Plaintiff was a representative director of the Defendant until he/she was dismissed on December 4, 2012.

B. As of January 7, 2019, the number of shares issued by the Defendant is 40,000 shares, and the shareholder registry thereof (hereinafter “instant shareholder registry”) is recorded as C (14,00 shares), the Plaintiff (14,00 shares), D (6,00 shares), and E (6,00 shares) as shareholders.

C. On March 29, 2019, around 17:00, the Defendant held a regular general meeting of shareholders in 2019 (hereinafter “instant general meeting of shareholders”) at the meeting room of the Defendant’s head office, each of the items listed in the separate sheet (hereinafter “each of the instant items”). All of the shareholders listed in the instant register of shareholders and F were present at the said general meeting of shareholders upon receipt of the Defendant’s notice of notice.

The representative director of the defendant, as the chairperson, proceeded with the general meeting of shareholders of this case. On the grounds that there is a dispute between the plaintiff and the F on the attribution of 14,00 shares, both the plaintiff and F, have the opposing opinion on each of the instant bills, and the plaintiff expressed his opposing opinion, and F expressed his dissenting opinion.

However, the remaining shareholders C, D, and E agreed on each agenda of this case, and the defendant's representative director of this case declared that each agenda of this case was approved by the shareholders C, D, and E with the consent of 65% of the total number of issued and outstanding shares, regardless of who is shareholders of the plaintiff and F.

E. On the other hand, on January 22, 2019, F filed a lawsuit against the Plaintiff and the Defendant seeking shareholder verification, etc. under the Daegu District Court Kimcheon-Ga30415, which is currently in progress.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. It is extremely exceptional, such as that the entry in the register of shareholders or the entry of change of holders in the register of shareholders is unreasonably delayed or rejected.

arrow