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(영문) 울산지방법원 2016.02.17 2014가합18465
주주총회결의 부존재확인의 소
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. According to the certified copy of the register of the Defendant Company as of September 28, 2014, the representative director of the Defendant Company is F, inside director, F, G, and auditor H.

B. According to the certified copy of the register of the Defendant Company’s corporate foundation as of October 31, 2014, as of September 29, 2014, as of September 2014, the Defendant Intervenor C was a director and a representative director, the Defendant Intervenor D was an internal director, and the Defendant Intervenor E (hereinafter “Defendant Intervenor E”) was appointed as an auditor, respectively. As of October 31, 2014, the Plaintiff resigned the representative director and was dismissed from office as an internal director.

C. According to the Defendant Company List, as of July 16, 2014, the Plaintiff owned 31,000 shares, J 15,00 shares, K 9,00 shares, and the Plaintiff 6,000 shares (hereinafter “Plaintiff, etc.”) as of September 29, 201, and as of September 29, 201, the Plaintiff was registered as the Plaintiff, J, and K owned 31,00 shares, and E owned 30,00 shares.

(30,000 shares of the above plaintiff et al. or E are 30,00 shares of the plaintiff et al. al. / [based on recognition] without dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 24-1 and Eul evidence Nos. 7, the purport of the whole pleadings and arguments

2. The parties' assertion

A. The Plaintiff is an internal director of the Defendant Company and a shareholder holding 6,000 shares (9.84%) out of 61,000 shares issued by the Defendant Company, and the Plaintiff et al. did not transfer the shares of this case to E without any cause, entered in the register of shareholders that the shares of this case were transferred to E.

Therefore, without giving any notice to the Plaintiff, etc. who is the shareholder, the Defendant Company held each general meeting of shareholders on September 29, 2014 and October 31, 2014 (not in fact held) without any resolution of the board of directors by the Plaintiff, etc., and without any resolution of the board of directors by the Plaintiff, etc., and held each general meeting of shareholders on September 29, 2014 and October 31, 2014, and decided to dismiss directors against the Plaintiff is serious violation of the procedure. Therefore, each

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