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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The fact of recognition (1) is a corporation mainly engaged in real estate development business, construction business, etc., and the Plaintiff was appointed as the representative director of the Defendant on April 8, 2015.
(2) Around December 22, 2015, Defendant C demanded that the Plaintiff convene a meeting of the board of directors on the agenda of “the case of dismissal of the representative director,” but the Plaintiff rejected the request.
C around December 30, 2015, around 17:52, the Plaintiff received a notice of convocation of the board of directors to the effect that “to convene a board of directors to handle cases, such as the dismissal of the representative director,” and the said content-certified mail was sent to the post office. On January 4, 2016, the said content-certified mail sent to the Plaintiff on the same day, and reached the Plaintiff around 16:59.
(3) On January 4, 2016, around 16:00, two directors and one auditor except the plaintiff among three directors of the defendant were present and the board of directors (hereinafter “board of directors of this case”) was held. The board of directors of the above board of directors resolved to dismiss the plaintiff from the defendant’s representative director on the ground that the plaintiff was absent from office for a long time without permission, thereby hindering the defendant’s performance of his/her duties.
(4) On January 6, 2016, the Defendant: (a) issued a temporary general meeting of shareholders to three shareholders including the Plaintiff as an agenda item; (b) on January 21, 2016, at a temporary general meeting of shareholders held on January 21, 2016, two shareholders holding 45,000 shares out of total outstanding shares were present and resolved to dismiss the Plaintiff from the Defendant’s internal director.
(hereinafter the above provisional shareholders' meeting is referred to as "the provisional shareholders' meeting of this case" and the resolution at the above provisional shareholders' meeting is referred to as "the resolution at the provisional shareholders' meeting of this case"). 【The ground for recognition of this case has the number of evidence Nos. 1, 2, 3, 6, and Eul No. 6 and 7.