logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2017.04.19 2016나24926
주주총회결의 무효확인 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Facts of recognition

The plaintiff in personnel relations is a person who holds 20,000 shares out of the total number of 60,000 shares issued by the defendant and was in the position of the defendant's director and representative director from May 26, 2014.

C was the largest shareholder who owns 40,000 shares issued by Defendant.

E has been actually involved in the operation of the Defendant Company by exercising voting rights, etc. as a shareholder of the said shares on behalf of or on behalf of the above C as referred to above C.

D was the defendant's auditor.

Under the direction of E who represented or represented the resolution of the general meeting of shareholders and the board of directors resolution C on September 15, 2015 (hereinafter “instant general meeting of shareholders”), the Defendant held a general meeting of shareholders on September 15, 2015 (hereinafter “instant general meeting of shareholders”) to dismiss the Plaintiff from the board of directors, and passed a resolution to appoint C and D as a director (hereinafter “the resolution of the instant general meeting of shareholders”), and the board of directors on the same day (hereinafter “the board of directors”), and made a resolution to dismiss the Plaintiff from the representative director

(hereinafter “the instant resolution of the board of directors”). However, the instant general meeting of shareholders and the board of directors were convened in the name of C and D, not the Plaintiff, and there was no resolution of the board of directors for convening the general meeting of shareholders, and the Plaintiff did not receive a notice of convening the general meeting of shareholders

The general meeting of shareholders of the provisions of the defendant's articles of incorporation shall be convened by the representative director, but the date, time, place, and purpose of the meeting shall be notified to the shareholders in writing ten days before the general meeting or two weeks before the general meeting, or shall be notified in electronic form with the consent of each shareholder.

(Articles of Incorporation 22(1) and (2), and 23(1). The board of directors shall convene a meeting of the representative director or a director separately determined by the board of directors, but shall give notice for convening a meeting to each director and auditor one week before the meeting is held.

(Articles of Incorporation 44). The plaintiff in a related dispute and lawsuit is a representative director of the defendant company on June 30, 2015 and against F (E) and C while suffering conflict between E and the defendant company management.

arrow