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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant Company is running a commercial building construction and sales business (hereinafter “instant business”) of G in the capital region of the Dong-gu, Busan, the main purpose of which is real estate development business.
Defendant B is the representative director of the Defendant Company, and the Plaintiff was appointed as the director of the Defendant Company on March 27, 2013, but resigned on April 3, 2014.
B. On March 14, 2013, the Defendant Company increased its capital from KRW 50 million to KRW 300 million; on March 20, 2013, the Defendant Company commenced sale with the commencement of construction work on August 10, 2013, following the process of obtaining the aforementioned land purchase on March 20, 2013, the registration of real estate development business on June 13, 2013, the permission for construction work on tourism officers on July 2013, and the Ef (PF) loan on August 31, 2013.
C. The shares of the Defendant Company are 50% of the Plaintiff, 30% of the Defendant Company’s 30%, and H and I, each of the births of Defendant B, 10%.
On October 13, 2014, the Plaintiff did not accept a request to convene a general meeting of shareholders for dismissal of Defendant B’s representative director. On October 23, 2014, the Plaintiff held a general meeting of shareholders on October 23, 2014 upon the Busan District Court’s decision to convene a special general meeting of shareholders 2014.
However, as the dismissal agenda of the representative director of Defendant B was rejected, the Plaintiff filed the instant lawsuit seeking to dismiss Defendant B from the office of director of the Defendant Company on October 29, 2014, which was within one month thereafter.
【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 3 (if there is a ground for recognition, including a branch number; hereinafter the same shall apply), Gap's 9, 26, and 27, the purport of the whole pleadings and arguments
2. The plaintiff asserts that the representative director of the defendant company should be dismissed on the ground that the defendant B committed an unlawful act in relation to his duties as alleged in the following paragraphs (a) through (k), or that he violated the statutes or the articles of incorporation.
If a director rejects his dismissal at a general meeting of shareholders even though he commits an unlawful act in connection with his duties, or violates the statutes or the articles of incorporation, the total number of issued and outstanding shares