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(영문) 부산지방법원동부지원 2019.10.22 2018가단225106
임금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The FF Co., Ltd. (hereinafter “Nonindicted Company”) is a corporation incorporated for the purpose of processing and processing business of stone, and the Plaintiff was in office as the representative director of the Nonparty Company from November 5, 2007 to July 23, 2008.

B. On July 11, 2008, G Co., Ltd., a shareholder of the non-party company, G Co., Ltd., H Co., Ltd., H Co., Ltd., I Co., Ltd. (hereinafter “G, etc.”) demanded a board of directors of the non-party company (director, J, K, and auditor L) on April 30, 2008.

However, as the board of directors of the non-party company did not convene a general meeting of shareholders, G et al. held a general meeting of shareholders of the non-party company on July 11, 2008 upon the court's decision on June 5, 2008 to permit the convocation of the general meeting of shareholders (Seoul District Court Decision 2008Mohap4).

(2) The plaintiff at the above shareholders' meeting suggested that the directors (J, K) whose term of office expires and the auditors (L) should be appointed as new directors J, M (or N) and new auditors as notified in advance to G, etc.

On the other hand, G proposed that a new director, P (the representative director of G, etc.), M, and Q Q as a new auditor without any prior notice.

(3) When it was anticipated that the proposal of G during the general meeting of shareholders would be appointed as a new director or auditor, the Plaintiff left the meeting place during the meeting place. The remaining shareholders passed a resolution to appoint Q as a new director, Defendants, P, and M, and a new auditor of the non-party company (hereinafter “resolution of the general meeting of shareholders”). The Defendants and auditors, among each of the newly appointed directors, agreed to take office in the meeting, and P and M agreed to take office on the same day.

C. (1) Defendant B, who was appointed as a director of the non-party company as a director by a resolution of the general meeting of shareholders of this case, was on July 11, 2008, the date of the non-party company’s convocation of the board of directors of the non-party company.

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