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(영문) 인천지방법원부천지원 2015.06.05 2014가합7949
주주총회결의취소 등
Text

1. Removal of inside directors A, B, G, and outside directors from office at a special general meeting of shareholders held by the Defendant on October 2, 2014, respectively.

Reasons

1. Basic facts

A. The status of the parties is a company with the objective of manufacturing and selling marina-related products, and the total number of shares issued is 2.2 million shares, and the plaintiffs hold the defendant's shares as the defendant's shareholder as follows.

On October 20, 2014, Plaintiff C68,200 Note 39,200,200 Plaintiff E 161,500,500 Note 161,500,500 Note 1,61,500 Note 1,61,500 Note 1,234,700 Note 1,500 Note 1,61,500 Note 1,234,700 Note 1,35,70.

B. On July 11, 2014, J and K’s shareholderJ and the Defendant’s shareholderJ of the Defendant’s motion to call a general meeting of shareholders, as of July 11, 2014, and K filed a motion to call a general meeting of shareholders with the Defendant’s representative director (“Plaintiff A, Plaintiff B, G, and H”) and the Defendant’s motion to call a general meeting of shareholders against the Defendant on July 21, 2014, but the Plaintiff filed a motion to call a general meeting of shareholders with the Defendant on July 21, 2014, who did not comply with the motion. This court rendered a decision (2014 non-conforming35; hereinafter “instant decision”). The decision was served on the J on October 2, 2014.

C. At the time of receipt of the above decision by this court, J of the progress of the special shareholders’ meeting, the Speaker pro tempore L, a special shareholders’ meeting, was held at the 15th day of the same day (hereinafter “the special shareholders’ meeting of this case”). The minutes of the special shareholders’ meeting of this case were stated as follows: three of the four shareholders attended the general shareholders’ meeting and 17.60,000,000,000,000,000,000,000

On the other hand, on October 7, 2014, after the above provisional shareholders' meeting, J, etc. dismissed Plaintiff A, Plaintiff B, G, and outside directors, respectively, as internal directors, based on the resolution of the above provisional shareholders' meeting, and changed the entry into the corporate register as one in-house directors I assumed office.

On the other hand, the provisions on convening a general meeting of shareholders in the defendant's articles of incorporation are as follows.

Article 24 (Notice and Public Notice of Convocation)

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