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(영문) 춘천지방법원원주지원 2017.06.08 2016가합5692
주주권 확인 등
Text

1. The plaintiff's lawsuits against the defendant B and C are all dismissed.

2. Defendant D Co., Ltd. on April 11, 2016

Reasons

1. Basic facts

A. Defendant D’s establishment and the list of shareholders in Defendant D is a company established on December 2, 2014 for the purpose of gas station business, etc., and the total number of shares issued by Defendant D is 2,000 shares.

The shareholder registry of Defendant D-D-based on November 17, 2015 entered 670 shares (33.6% of the total number of outstanding shares) and 665 shares (3.2% of the total number of outstanding shares) owned by Defendant B and Defendant C respectively.

B. On April 11, 2016, Defendant D’s extraordinary general meeting of shareholders was the only internal director of Defendant D. On February 3, 2016, Defendant B requested a temporary general meeting of shareholders to convene a temporary general meeting of shareholders consisting of the dismissal of the Plaintiff and the appointment of internal directors as an agenda item, etc. from the original Chuncheon District Court Branch Branch Decision 2016BBB200, Feb. 3, 2016. On March 29, 2016, Defendant B decided to grant permission to convene a temporary general meeting of shareholders consisting of the dismissal of the Plaintiff and the appointment of internal directors. (2) Defendant B’s internal director E in the name of Defendant B as the Plaintiff on March 31, 2016, notified the Plaintiff that the temporary general meeting of shareholders should be convened on April 11, 2016, which covers the dismissal of the Plaintiff and the appointment of internal directors.

Accordingly, at the temporary general meeting of shareholders held on April 11, 2016, the proposal to dismiss the plaintiff's director was rejected, and the resolution to appoint Eul as the inside director and the representative director of defendant D was made.

C. On April 18, 2016, Defendant D’s resolution 1 of the provisional shareholders’ meeting of May 31, 2016, E notified the Plaintiff of the convocation of the provisional shareholders’ meeting of May 3, 2016, the purpose of which is the remainder of the items other than the items set forth in subparagraph 5, among the items listed in the attached Table 3 list, on May 18, 2016. However, Defendant D’s general shareholders’ meeting was not opened on May 3, 2016.2) On May 3, 2016, E notified the Plaintiff of the convocation of the provisional shareholders’ meeting of May 18, 2016, aimed at each item set forth in the attached Table 3 list.

Accordingly, at the special shareholders' meeting held on May 31, 2016, the resolution was made on each item listed in the attached Table 3 at the special shareholders' meeting held on May 31, 2016.

【Legal basis for recognition】

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