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(영문) 대전지방법원 공주지원 2018.07.18 2017가합20391
주주총회결의취소 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The parties 1) The defendant is an agricultural company whose business purpose is the production, distribution, processing and sale of agricultural products, production and supply of mushrooms, etc., and its capital is 50,000,000 won, and the total number of issued stocks is 10,000 shares. 2) At the time when the defendant was established on April 29, 2014, there were D(4,500 shares), E(4,500 shares) and A(1,00 shares) as the defendant's shareholder at the time of its establishment. D, E and the plaintiffs were appointed as internal directors, and D and E were co-representative directors among them.

B. On September 21, 2016, E resolved to dismiss D as a joint representative director and abolish the provisions of joint representative director at the meeting of the defendant's board of directors held on September 21, 2016, E completed the registration of dismissal of D's joint representative director. Accordingly, E was the sole representative director of the defendant. 2) After that, E was appointed as not only as the representative director of F of an agricultural corporation that overlaps with the defendant's business purpose, but also as the retirement benefits from the defendant were received from the defendant before his retirement, and arbitrarily dismissed the defendant's claim for payment of goods.

3) Accordingly, D filed an application for a provisional disposition ordering suspension of E’s performance of duties with an official branch of Daejeon District Court No. 2016Kahap2026. On November 21, 2016, the said court recognized that grounds for dismissal exist with respect to E, and rendered a provisional disposition ordering the appointment of G as an agent for the representative director and company director upon suspending the performance of duties as E’s representative director and company director. On the above provisional disposition decision, E filed an application for provisional disposition with an official branch of Daejeon District Court No. 2016Kahap2039, Feb. 13, 2017, the said court rejected the application for provisional disposition on the ground that the said provisional disposition was justifiable, and approved it as is without accepting the application for provisional disposition on February 13, 2017. C) D as the principal lawsuit against the said provisional disposition, as the main lawsuit against the Daejeon District Court, as the Daejeon District Court’s official branch of 2016Kahap20523.

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