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1. A resolution to appoint C as an internal director at a general meeting of shareholders held by the Defendant on January 24, 2013 and held on May 6, 2013.
Reasons
Basic Facts
The defendant was established on October 23, 2007 with 100 million won (20,000 won per share, 500 won per share) capital (the trade name at the time of incorporation was "Co., Ltd.").
The Defendant’s shares were owned by the Plaintiff and the Plaintiff’s wife F (hereinafter “Plaintiff, etc.”) respectively. However, G and C (hereinafter “G, etc.”) were transferred to the Plaintiff on September 27, 2012, and KRW 160,000 (hereinafter “instant shares”) from among the shares owned by the Plaintiff, etc., to the Plaintiff on September 27, 2012, and KRW 500,000 per share (hereinafter “instant shares”) KRW 500,000,000 per share (including KRW 500,000 per share and KRW 40,000,000 per share) from the Plaintiff, etc. on the following occasions: (a) the Plaintiff, etc. transferred the instant shares from the Plaintiff, etc. on September 27, 2012.
Plaintiff
In order for G et al. to not pay the acquisition price of the instant shares, on November 30, 2012, the declaration of intent containing the purport that “the instant share transfer contract is null and void because it does not cause any intentional payment of the purchase price of shares,” and on February 12, 2013, each declaration of intent reached C around that time by content-certified mail, by sending the declaration of intent that the said share transfer contract will be rescinded.
Around January 24, 2013, the Defendant held a temporary general meeting of shareholders against the Plaintiff and passed a resolution to appoint C as a company director of the Defendant. On May 6, 2013, the Defendant held a temporary general meeting of shareholders (hereinafter referred to as “temporary general meeting of shareholders”) on May 24, 2013 and passed a resolution to appoint D as an inside director and representative director.
(hereinafter “each of the instant resolutions”). G, etc., even if the Defendant’s shares are transferred from the Plaintiff, etc., did not have the intent and ability to pay the transfer price.
In addition, the plaintiff et al. deceivings the plaintiff et al. to transfer 160,00 shares to the defendant.