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The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Facts of recognition
A. 1) The Defendant is a stock company established for the purpose of housing construction project, housing site preparation project, etc. on January 3, 2012. The Defendant’s shareholder is the Plaintiff, C, D, and E4, and the aforementioned shareholders hold 25% (21,250 shares) out of the Defendant’s shares (total 85,00 shares). 2) The Plaintiff was the Defendant’s representative director, and the registration of dismissal was completed on September 3, 2015.
B. On June 30, 2015, the Plaintiff, along with the resolution of the board of directors of the Plaintiff, and C, which carried out the Defendant’s respective representative director positions, is the president office of the Simsan F and the G three-story president office of the Simsan Bank (hereinafter “instant place”) in June 19, 2015, to the Plaintiff on June 30, 2015.
(2) On June 30, 2015, the minutes of the board of directors were prepared that the Defendant representative director C, in-house directors D, and in-house auditors E attended the Defendant’s board of directors on June 30, 2015 and made a resolution to dismiss the Plaintiff from the representative director (hereinafter “instant resolution of the board of directors”).
C. On July 7, 2015, C, on July 1, 2015, sent a notice of convening a temporary general meeting of shareholders to the Plaintiff on July 7, 2015, at the instant place, for the purpose of removing the Plaintiff from the representative director. On July 2, 2015, the Plaintiff received the notice on July 2, 2015. (2) C, D, and E were present at the Defendant’s temporary general meeting of shareholders and passed a resolution to dismiss the Plaintiff’s representative director (hereinafter “instant general meeting of shareholders”). The minutes of the temporary general meeting of shareholders, stating that C, D, and E (hereinafter “instant resolution”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 3 (including paper numbers; hereinafter the same shall apply), Eul evidence 2, 3, and 5, a summary of the purport of the whole pleadings, and a summary of the plaintiff's argument
A. The resolution of the board of directors of this case shall be held by C alone without the meeting of the board of directors in fact or without D being present.