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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
가. 피고는 2002. 4. 15. 토목건축공사업 등을 위하여 목적으로 성립된 회사로, 2011. 4. 1. 무렵 피고의 주주명부에는 피고 발행의 주식 60,000주 중 C이 30,000주, 원고가 15,000주, G이 15,000주를 각 소유한 주주로 등재되어 있었다.
B. The Defendant’s extraordinary general meeting minutes, as of August 12, 2015, stating that “a resolution to appoint C, D, and E as an internal director (hereinafter “resolution to appoint a temporary general meeting of shareholders”) was made on August 12, 2015, at the meeting room of the Defendant was prepared as of two shareholders (45,000 shares of the number of shareholders present) who attended the meeting of the board of directors (45,00 shares of the number of shareholders), and the representative director C declared the opening of the meeting, and the term of office of the Defendant, C, G, and H expired as of March 31, 2014 (hereinafter “the resolution to appoint a representative director”) was completed on August 12, 2015. In addition, “the Defendant’s temporary general meeting minutes were prepared from the Defendant’s meeting room as of August 11, 2015, by holding three directors who attended the meeting of the board of directors, such as C, and the representative director was removed from C’s meeting as of 212015.
C. On August 17, 2015, the Defendant completed registration that C was appointed as a director and a representative director, D, and E as an intra-company director based on the minutes of the extraordinary general meeting and the minutes of the board of directors’ meeting as above, and completed registration that F was dismissed from the manager on August 21, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, 4, and 5, the purport of the whole pleadings
2. As to the claim for confirmation of the absence of a resolution of the provisional shareholders’ meeting on August 12, 2015 among the instant lawsuit
A. The plaintiff's claim shall convene a general meeting of shareholders of the defendant's articles of incorporation, and the representative director shall convene another director's general meeting (Article 26 (2) and (3) when convening a general meeting of shareholders. The date, time, place, and the purpose of the meeting shall be registered shareholders.