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(영문) 인천지방법원부천지원 2019.05.31 2018가합105506
주주총회결의취소
Text

1. The Defendant’s payment of KRW 6 million per month to E at a special shareholders’ meeting on December 10, 2018.

Reasons

1. Facts of recognition;

A. The deceased H (the deceased’s death on February 15, 2018, hereinafter “the deceased”) held 100 shares equivalent to 0.5% of the Defendant’s total shares of 20,000 shares as the Defendant’s shareholder. The Plaintiffs and I also held 9,90 shares equivalent to 49.5% of the Defendant’s total shares of 20,00 shares as the Defendant’s shareholders (Plaintiff A4,000 shares, Plaintiff B2,00 shares, Plaintiff C50 shares, and Plaintiff C3,400 shares).

On the other hand, there was a conflict between the deceased and the plaintiffs, and I as to 10,00 of the total shares of the defendant 20,000 shares with the defendant's management rights, etc. (5,00 shares, respectively).

B. The deceased’s successors were both the Plaintiffs and I. Among them, I reported the renunciation of inheritance on May 11, 2018, which was after the deceased died.

Accordingly, the Plaintiffs agreed on the division of inherited property with the content that the Plaintiff A would have 100 shares of the deceased’s Defendant shares divided into 34 shares and 33 shares, and then sent a content-certified mail to the effect that the transfer of ownership is required by notifying the Defendant on November 9, 2018. However, the Defendant did not comply with the transfer of ownership request without any particular reason even after receiving it on the 12th of the same month.

C. On December 10, 2018, the Defendant held a temporary general meeting of shareholders (hereinafter “instant general meeting of shareholders”) on the agenda of “the remuneration for the representative director and in-house directors, etc., and paid the remuneration of E, the representative director, as KRW 600,000 per month, and paid to F as the performance rate of F and in-house directors, KRW 80,000,000,000 to G, respectively, (hereinafter “instant agenda”) with respect to the agenda that the Defendant and I shall pay KRW 85,00,000 to G as the performance rate of F and in-house directors (hereinafter “instant agenda”), despite attending the general meeting of shareholders and expressing objection, the Defendant cannot recognize the exercise of voting rights to 100 shares, including the above shares of the Deceased, under the name of the Deceased.

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