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(영문) 수원지방법원 2018.11.16 2018가합11353
임금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company established by Nonparty C, D, and E for the purpose of manufacturing automobile parts, and the Plaintiff was registered as a director of the Defendant Company.

B. On February 15, 2008, E, a chief executive officer of the Defendant, prepared the minutes of the extraordinary general meeting of shareholders stating that “E, C, A, and auditor passed a resolution to appoint F respectively.” On February 21, 2008, E, a general meeting of shareholders was completed on the basis of the minutes of the above extraordinary general meeting of shareholders on February 21, 2008, but at the time, the provisional general meeting of shareholders was not held.

C. Accordingly, C, a joint founder of the Defendant and a shareholder holding 40% shares of the Defendant, filed a lawsuit against the Defendant for confirmation of the absence of the resolution of the general meeting of shareholders by Suwon District Court 2015Kahap64264. The judgment was rendered on February 15, 2008 by the Defendant who appointed the Plaintiff as a director and became final and conclusive. Upon the application of C, C, etc., the decision of provisional disposition of suspending the performance of duties against E and the Plaintiff was issued, while G was appointed as the representative director of the Defendant’s representative director.

At the request of shareholders holding at least 50% of the Defendant’s outstanding shares, K was newly appointed as directors at the temporary shareholders’ meeting lawfully held pursuant to the Decision on Permission for the Convocation of the General shareholders’ meeting (U.S. District Court 2015 non-conforming50), but E was a company director on June 10, 2015, following the decision on permission for the above convocation of a general shareholders’ meeting, with the minutes of the temporary shareholders’ meeting as if E, the Plaintiff, L, M, and auditor were appointed as directors, and E was re-appointed as representative director, and the change was registered with the minutes of the general shareholders’ meeting as if E was re-appointed. Accordingly, the judgment was finalized on June 10, 2015 at the lawsuit for confirmation of the absence of the resolution of the general shareholders’ meeting as of June 10, 2015, and in this regard, E was prepared with the temporary shareholders’ meeting minutes, etc. and the public offices.

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