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(영문) 인천지방법원 부천지원 2018.01.19 2017가합101965
회사에 관한 소송
Text

1. A general meeting of shareholders held by the Defendant on May 7, 2017, by exercising the Defendant’s voting right as one shareholder by E.

Reasons

1. Basic facts

A. The Defendant is a company established for the purpose of agricultural product processing business, etc., and the Defendant’s shareholder as of December 20, 2016 is a company separate from H Defendant.

(80,000 shares), plaintiffs (16,00 shares), I, J, and K (each of 8,00 shares).

B. The Plaintiff, as the shareholder and representative director of the Defendant, had a prior consultation on the sale of the shares and management rights of F, L, and the Defendant. In that process, as of May 7, 2017, the Defendant’s shareholder appears to have been operating the said company as an internal director by EF, a company run by F, and at the time the representative director was registered D.

(hereinafter referred to as “E”) one person (120,000 shares) has been drawn up.

(hereinafter “instant register of shareholders”). C.

F and L, based on the shareholders’ list of this case, prepared the minutes of the extraordinary shareholders’ meeting as of May 7, 2017, with the content that “the Plaintiff, F, D, and G shall be appointed as a new director (the Plaintiff)” (hereinafter “the provisional shareholders’ meeting resolution of this case”), and prepared the same date’s meeting minutes as “the Plaintiff, F, D, and G attendance at the meeting of the Plaintiff, F, D, and G as a representative director.”

(hereinafter “the Board of Directors of this case”). D.

On May 12, 2017, F and L obtained certification from a notary public as to the above extraordinary shareholders' meeting minutes and the meeting minutes of the board of directors, and on the same day, the registration of change of the executive officer of the defendant was completed in accordance with the resolution of the temporary shareholders' meeting and the resolution of the board

E. On May 24, 2017, E sent a notice to the Plaintiff on May 7, 2017 that “the acquisition and transfer of the company representative director’s business to the Plaintiff based on the oral agreement on transfer of management rights.” Around that time, the Plaintiff filed a complaint against F and L, etc. as the crime of forging private documents and uttering of the instant list of shareholders, the minutes of the temporary shareholders’ meeting, and the minutes of the board of directors by asserting that F and L, etc. forged the instant minutes of the shareholders’ meeting

F. Meanwhile, the plaintiff is the representative director and director of the defendant.

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