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(영문) 서울남부지방법원 2016.03.17 2015가합6853
이사회 및 주주총회결의부존재확인 등
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 for the purpose of managing D shops located in Geumcheon-gu Seoul Metropolitan Government.

The plaintiff is registered as the representative director and the director of the defendant, and according to each resolution of this case, the registration of dismissal of the representative director of December 17, 2007 and the registration of dismissal of the director of February 26, 2008 are completed.

B. The Defendant’s regular general shareholders’ meeting held on November 13, 2006 and November 27, 2007 (a resolution of the board of directors was made) on May 19, 2006, which was held on May 19, 2006, appointed E, F, Plaintiffs, G, and H as auditors, and the Defendant’s meeting held on the same day (a resolution was made on November 10, 2006 to appoint the Plaintiff as the representative director; (b) the Defendant’s board of directors held on the same day, which was the representative director, requested the Plaintiff as the representative director, but the Plaintiff refused the convocation of the board of directors without justifiable grounds, and was directly notified the directors and auditors of the convocation of the board of directors.

Accordingly, on November 13, 2006, the board of directors was held in the presence of the remaining directors and auditors except the plaintiff, and the above board of directors passed a resolution with the consent of all the members present at the board of directors to the effect that "the plaintiff is dismissed from the representative director, the qualification of the plaintiff is suspended for six months in accordance with Article 21-2 (4) of the defendant's articles of incorporation, and the F is appointed as the representative director" (hereinafter "resolution of the board of directors resolution of November 13, 2006").

2) On November 15, 2006, when the Plaintiff was detained on November 15, 2006, and was released on bail on January 17, 2007, G demanded F, the representative director of the board of directors, at the time of the Plaintiff’s new appointment as the representative director, to convene a meeting of the board of directors, which is the purpose of “case of cancellation of qualification suspension against the Plaintiff and case of dismissal of the representative director of F”.

B. On January 27, 2007, at the meeting room of the defendant, the board of directors was held in the presence of the remaining directors and auditors except the plaintiff.

The board of directors are proposed to dismiss the representative director with respect to F.

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