(영문) 서울고등법원 2016.01.28 2015나5219 | 리걸엔진

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(영문) 서울고등법원 2016.01.28 2015나5219

주주총회결의취소

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is a company established for the purpose of manufacturing and importing and exporting electronic equipment and telecommunications components on November 13, 2006. The plaintiff is a largest shareholder who holds 39,000 shares of the defendant (39% of the total number of shares issued by the defendant) and has served as a sole representative director or a joint representative director with E at the time of the defendant's establishment.

B. Around April 200, the Plaintiff established a company for the purpose of the manufacture, export, and import of electronic equipment and telecommunications components. Around November 2006, the Plaintiff, at the time of the establishment, established a company for the purpose of the manufacture, export, and import of electronic equipment and telecommunications components. Around November 13, 2006, the Plaintiff decided to expand the business area to the manufacturing, export, and import and export business of telecommunications components. Around November 13, 2006, the Plaintiff decided to establish a company together with E with E. The Plaintiff’s capital amounting to KRW 50 million, the issue amount per share 50 million, the total number of outstanding shares 10,000, 100 shares issued by the Defendant, 3,700 shares (the total shares issued by the Defendant; hereinafter the same shall apply), 30% (the number of shares issued by the Defendant), 3,300 shares (the Plaintiff’s 20%) and 20% of the Plaintiff’s shares (the Plaintiff’s shares).

3) After that, the Defendant’s business was fluent in the industry related to electronic and electronic equipment and telecommunications parts, and the Plaintiff and E, around January 2008, intend to expand the business territory into the manufacturing and selling business of information and communications ruptures and X-BE products. On January 18, 2008, only L Co., Ltd. (hereinafter “L”) by raising the Defendant’s company’s funds.

(c) The Plaintiff, E, and E were appointed as L’s representative director. C. The Plaintiff and E’s capital increase from KRW 50 million to KRW 50 million as the Defendant’s business size increases.

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