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(영문) 서울북부지방법원 2015.11.19 2014가합25782
주주총회결의 부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant Company (hereinafter “Defendant Company”) is a company engaging in the business of selling petroleum products, etc., and the Plaintiff stated that he/she was on January 21, 2013, on the corporate register of the Defendant Company, to take office as an internal director and a joint representative director.

At that time, C, D, E, and F in the corporate register of the defendant company was written as a joint representative director.

B. The minutes of the extraordinary shareholders’ meeting (hereinafter “the instant extraordinary shareholders’ meeting”) as follows were prepared on July 16, 2013, and the minutes are signed and sealed by the representative director C, in-house directors D, E, and F of the Defendant company.

On July 16, 2013, the minutes of the temporary general meeting of shareholders passed a resolution to omit the convocation procedure under Article 363 of the Commercial Act by an agreement of all shareholders on July 16, 2013, and hold a temporary general meeting at the principal office.

C of the Joint Representative Director, who is the president of the 20,000 shares of the total number of shares issued by 20,000 shares of the total number of shares issued by 20,00 shares, is present at the meeting of the president in accordance with the articles of incorporation, and has been present at the above legal number, so today's present at the meeting has notified that it has been duly constituted and declared the opening.

In addition, the following bills are presented and deliberated.

The first proposal: The chairperson of the case of dismissal of a director of the company is that the plaintiff neglected to perform his duties, such as that the director of the company and the director of the joint representative director of the company neglected to take part in the management of the company and neglected to pay attention to the business of the other company. The plaintiff is recommended to dismiss the plaintiff from the director and the joint representative director.

The chairperson of the second bill's joint representative rule was dismissed by the resolution of dismissal of the director and the joint representative director, so it is highly recommended that the joint representative rule of this company should be abolished.

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