logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.05.20 2015가합111748
임원지위부존재확인
Text

1. The plaintiff A's lawsuit shall be dismissed.

2. The defendant is not in the position of internal director of the plaintiff B corporation.

Reasons

1. The following facts may be found either in dispute between the parties or in the records and images of Gap evidence 1 to 5, 7 to 9, 13 to 17, and Eul evidence 1 to 3, and 5 to 10 (including branch numbers; hereinafter the same shall apply), respectively, as a whole, as a whole.

The Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) is a company established to manage more than 3,700 stores, etc. of Geumcheon-gu Seoul Metropolitan Government D Superior. The Plaintiff A, as a shareholder of Plaintiff B, filed an application for the provisional disposition of suspending the performance of duties with respect to the Defendant as a director of the Plaintiff B. The Defendant is a person appointed as an internal director at the provisional general meeting of shareholders on November 20, 2014 of Plaintiff B.

B. Seoul Southern District Court Decision 2007BBS98 and the resolution of the general meeting of shareholders on December 6, 2007, etc. 1) 22 of Plaintiff B’s minority shareholders, including E, F, etc., filed an application for permission to convene a general meeting of shareholders for the purpose of meeting “G, H, I and auditor at the time of the dismissal and appointment of directors and auditors thereafter” under the Seoul Southern Southern District Court Decision 2007BS98 (Seoul Southern District Court Decision 2007B). The above court dismissed the application for permission to convene a general meeting of shareholders on November 6, 2007 on the ground that “the removal of directors G and I was rejected at the general meeting of shareholders on July 18, 2007; the auditor voluntarily resigned from office and was newly appointed at the general meeting of shareholders on July 18, 207” (hereinafter “the remaining application for permission to convene a general meeting of shareholders”).

2) Accordingly, 22 members, including E and F, under the decision to permit the convocation of the instant case, shall be the first shareholders’ meeting of this case.

In order to hold the meeting, L, etc. of the Promotion Committee for the holding of the meeting shall be determined to exclude the existing executive organ from appointing one director, such as the decision to permit the convocation of the meeting of this case.

arrow