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(영문) 부산지방법원 2017.02.08 2016가합45505
대표이사 등 해임 청구의 소
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. On October 20, 201, the Defendant Company is the Plaintiff, Defendant C, and E for the purpose of indoor construction business, etc. on October 20, 201. The total amount of capital of the Defendant Company is KRW 300 million, the total number of outstanding shares is KRW 60,000, and as of May 24, 2016, the Plaintiff and Defendant C hold KRW 30,000 (50%) out of issued shares. (2) At the time of the incorporation of the Defendant Company, the Defendant C concurrently assumed office as a director and the representative director, and the Plaintiff and E respectively take office as a director, and as of October 28, 2014, the directors of the Defendant Company are both the Plaintiff and the Defendant C2.

3) Around July 25, 2014, Defendant D assumed office as an auditor. (b) On April 11, 2016, the Plaintiff claimed a temporary general meeting of shareholders for the purpose of the expiration of the term of office of director, the illegal operation of Defendant C, the neglect of duties of Defendant D, etc. to the Defendant Company.

2) Accordingly, on April 25, 2016, the Defendant Company held a provisional director meeting in the presence of the Plaintiff and Defendant C, who is a director. The minutes include the following: “case of the appointment of director, dismissal, and appointment of auditor,” “case of the appointment of auditor,” etc. on May 24, 2016, a resolution was passed to hold a provisional director meeting on May 24, 2016. 3) After the Defendant Company, on May 24, 2016, the minutes of the provisional director meeting of this case, stating that “cases of the appointment of director, dismissal, and appointment of auditor,” “cases of the appointment of auditor,” and “cases of the appointment of auditor,” were rejected without obtaining the consent of the majority of Defendant C’s opposition.

C. The Defendant Company and F Co., Ltd. 1) The Defendant Company and F Co., Ltd., Ltd., the Plaintiff was the representative director after its incorporation.

The present representative director was subcontracted by the Plaintiff’s father G) with his interior works, etc. several times.

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