logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.07.07 2017가합11196
회사에 관한 소송
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff asserted that, around June 2016, F would take over the Defendant’s shares of 826,000 shares and management rights at KRW 16 billion, and that, if the Plaintiff supports KRW 1.6 billion such as down payment, the Plaintiff would offer the Defendant’s shares of 80,000 shares and would allow the Defendant to jointly manage the Defendant after acquiring the shares of 80,000 shares, and around that time, paid KRW 1.6 billion to F.

Since F promised to the Plaintiff that “F will appoint a person designated by the Plaintiff as an officer at the Defendant’s temporary general meeting of shareholders if it is provided with the money acquisition fund,” the Plaintiff also prepared the remaining acquisition fund of 14.4 billion won.

However, on June 13, 2016, F took over the management right of the Defendant’s 826,000 shares and shares issued by H from June 13, 2016 under the name of Company G, and decided to appoint C, D, and E, which the F voluntarily designated as a director by holding a Defendant’s temporary general meeting of shareholders (hereinafter “instant general meeting of shareholders”) as of August 2, 2016.

As above, even though the defendant's shares issued 826,00 shares and management rights should be seen as the plaintiff actually, the shareholders' general meeting of this case held the above 826,00 shares by F or G rather than the plaintiff, and eventually, the shareholders' general meeting of this case held that C, D, and E shall be null and void.

2. As to the determination of this safety defense, the defendant is not the defendant's shareholder, but the plaintiff is not a party to the share acquisition agreement, and thus there is no benefit to seek confirmation of the invalidity of the resolution of the general meeting of shareholders of this case.

On the other hand, a lawsuit seeking confirmation of the non-existence of a resolution of the general meeting of shareholders or a lawsuit seeking confirmation of invalidity shall be qualified as the plaintiff, except the shareholders, directors, and auditors of the company concerned who can bring a lawsuit for cancellation of the resolution of the general meeting of shareholders under Article 376 (1) of the Commercial Act.

arrow