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(영문) 대구지방법원 김천지원 2018.09.21 2017가합15655
주주총회결의부존재확인 등
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. From the time of establishment of the Defendant, the Plaintiff is a shareholder holding 14,000 shares (total shares 40,000 shares) issued by the Defendant Company from the time of its establishment to the date. The Plaintiff was dismissed from the representative director on December 4, 2012 and retired from the company director on April 27, 2013. 2) Around March 25, 2016, the Plaintiff was a shareholder of the Defendant as the Plaintiff, C (14,00 shares), D (6,00 shares), E (6,00 shares), and at the time D was a defendant representative director and internal director, C was a director, and E was an internal director, respectively.

From now on, there is no change in the current status of shareholders.

B. On March 25, 2016, the Defendant held a regular general meeting of shareholders on March 25, 2016, and C, D, and E among four shareholders were present.

At the time, D, which was the defendant representative director, presented each agenda listed in paragraph (1) of the list (attached Form). The shareholders present a resolution that they approved the report of settlement of accounts in 2015 with the consent of all of the shareholders. ② D, the defendant representative director, the director director, the director director, and the director of the company; ② D, the director of the company, the director of the company, the director of the company, and the director of the company, appointed D, and C, the terminated term of office of which was transferred to the auditor.

C. On March 31, 2017, the Defendant held a regular general meeting of shareholders on March 31, 2017, and four shareholders including the Plaintiff were present.

At the time, D, the representative director of the defendant, presented each agenda listed in paragraph 2 of the list, and D, C, and E, other than the plaintiff, made a resolution by exercising voting rights to approve the statement of financial position and profit and loss for 2016 and the settlement of retained earnings.

Article 22 (Convocation) (1) The regular general meeting of shareholders of this company shall be convened within three months following the end of the business year, and the temporary general meeting of shareholders shall be convened whenever necessary.

(2) A general meeting shall be convened.

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