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(영문) 서울중앙지방법원 2015.06.04 2013가합542595
주주총회결의무효확인등의소
Text

1. The Defendant’s KRW 465,496,027 as well as the Plaintiff’s annual rate from May 16, 2014 to June 4, 2015.

Reasons

1. Facts of recognition;

A. The Defendant (the former trade name is “C,” and the trade name was changed as of October 18, 2013.

(2) A company is established on October 16, 1982, and is engaged in the receipt of deposits and installment savings, the lending of funds, etc.). (2) The Plaintiff served as the representative director of the Defendant.

B. On July 23, 2012, the Plaintiff entered into a contract for the appointment of executive officers and a contract for the employment of executive officers with the Defendant. 2) The Plaintiff’s term of office under the above contract for the employment of executive officers is from July 23, 2012 to July 22, 2015.

3) On July 30, 2012, the Defendant held a general meeting of shareholders with the purpose of changing inside directors, etc., and the Plaintiff was appointed from the said general meeting of shareholders as the Defendant’s inside directors. 4) On July 30, 2012, the Defendant held a board of directors and appointed the Plaintiff as the Defendant’s representative director.

C. The Plaintiff’s representative director’s dismissal 1) The Defendant’s 100% of the Defendant’s shares is a ero financing company (hereinafter “ero financing”).

(2) On January 8, 2013, the Plaintiff notified the Defendant of the notice to the effect that “The board of directors is scheduled to hold a general meeting for the handling of an agenda, such as the dismissal of executive officers, etc. on January 18, 2013, and the Defendant’s share sale procedure is in progress between erogic financing and IBK Capital.” On January 17, 2013, the Plaintiff notified the Defendant’s auditor D as the Defendant’s representative director’s qualification as the Defendant’s representative director, “The board of directors decided to convene the meeting on January 18, 2013, has no reason to proceed, and thus the request is withdrawn.”

3) However, on January 18, 2013, the Defendant held a board of directors to convene a special shareholders’ meeting, the purpose of which is to dismiss the Plaintiff’s director, and decided to hold a special shareholders’ meeting on January 21, 2013. (4) On January 21, 2013, the Plaintiff was dismissed from office as the Defendant’s director according to the Defendant’s special shareholders’ meeting resolution.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 9 through 12, Eul evidence 1 to 4, the purport of the whole pleadings

2. The cause of the action.

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