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(영문) 서울중앙지방법원 2019.06.13 2017가합552248
회사에 관한 소송
Text

1. The Defendant’s dividends from 2018 to 2027 out of the resolution of Paragraph 2, which was made at a general meeting of shareholders from June 30, 2017 by the general meeting of shareholders.

Reasons

1. Basic facts

A. The defendant is a company engaged in printing manufacturing business, etc., and the plaintiff is a person who was in the defendant's internal director.

B. The deceased on July 17, 2016 (hereinafter “the deceased”) had established the Defendant on October 10, 2014 based on D, while engaging in the printing industry with D’s trade name from around 1989.

At the time of establishment, the Defendant issued 10,00 shares and owned the shares at the rate of 51% of the Deceased, 51% of the Deceased E 19%, 15% of the Southern, and 4% of the South F 15% of the deceased’s representative director.

C. On April 3, 2015, the deceased resigned from the representative director at the temporary general meeting of shareholders, and G was appointed as the representative director.

The register of shareholders prepared at the time of the above provisional shareholders’ meeting is indicated as holding 10,00 shares issued by the Defendant (hereinafter “Defendant’s shares”) G, Plaintiff, and F, respectively, 3,00 shares, and H 1,00 shares.

On June 14, 2017, the Defendant (including the Plaintiff) dismissed the Plaintiff from office.

2. From June 30, 2017 to 2027, the “resolution as to whether to pay a dividend of stocks” was written as an agenda and notified the convocation of a temporary general meeting of shareholders (hereinafter “instant general meeting of shareholders”) on June 30, 2017. E. The instant general meeting of shareholders, which was held on June 30, 2017, was proposed “1. Removal of the Plaintiff’s director” as indicated in the attached Form, and “from February 2017 to 2027, the suspension of the payment of dividend” was proposed, and G, F, and H were approved in the resolution on the said agenda, and the Plaintiff opposed each.

[Ground of recognition] The facts without dispute, entry of Gap 1-3 evidence, entry of Eul 1-5 evidence, and fact-finding by a notary public of this court against I law firms, the purport of the whole pleadings

2. Summary of the cause of the claim;

A. An agenda for removal of a director who causes the primary claim against the Plaintiff is a special resolution pursuant to Articles 385(1) and 434 of the Commercial Act, and an agenda for the suspension of payment of dividends from 2017 to 2027 is also a shareholder or pledgee recorded in the register of shareholders in each period for settlement of accounts.

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